Gastone

People v. Gastone

Good Law
1918 Cal. App. LEXIS 306·37 Cal. App. 51·173 P. 409
Court of Appeal of CaliforniaApril 23, 1918Crim. No. 588.California699 words

Opinion

lead Opinion

Conrey, J.

Defendant was convicted of the' crime of grand larceny. He appeals from the judgment and from an order denying his motion for a new trial.

On behalf of appellant it is claimed that the verdict is contrary to the evidence in that the evidence is not sufficient to support the verdict; that the verdict is “contrary to law in that the evidence taken does not establish as matter of law that the defendant committed the offense found by the jury by the verdict.” These contentions are without merit. The testimony of the complaining witness fully described the facts constituting the crime charged and identified the defendant as the guilty person. Our attention is not directed to any errors claimed in the course of the trial, either in the reception or rejection of evidence or in the instructions given to the jury. The facts found as indicated by the verdict of the jury are entirely sufficient to establish the commission of the offense by the defendant.

The only other point made in support of the appeal relates to alleged misconduct on the part of the district attorney at the trial of the case. The defendant testified as a witness in his own behalf. In giving that testimony he stated that…

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