Talman

People v. Talman

Good Law
1915 Cal. App. LEXIS 250·26 Cal. App. 348·146 P. 1063
Court of Appeal of CaliforniaJanuary 18, 1915Crim. No. 280.California884 words

Opinion

Lead Opinion

Burnett, J.

Appellant was convicted of grand larceny for having stolen a sorrel mare belonging to Charles and Alice Dreyer. There is no merit in the claim of the insufficiency of the evidence to support the verdict. The possession of the stolen property, a few days after the theft, by defendant and one Allen Dodge, who were jointly charged with the crime, the flight of the accused, they having been arrested one hundred and fifty miles from the scene of the offense, their presence in the immediate neighborhood at or near the time the animal was stolen, their abandonment, near the place from which said sorrel mare had been taken, of an emaciated and exhausted horse which they had been driving, furnish abundant inculpatory circumstances to warrant the conclusion of the jury. It may be added that the conviction of the guilt of defendant is greatly strengthened by the contradictory and unreasonable explanation made by himself and his associate in the crime of their possession of the mare and of their peregrinations through the country. Indeed, one can hardly read the entire record without an abiding conviction of the guilt of defendant, and any other verdict would have .resulted in a miscarriage…

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