Holmes

People v. Holmes

Good Law
126 Cal. 462·1899 Cal. LEXIS 742·58 P. 917
Supreme Court of CaliforniaOctober 26, 1899Crim. No. 548.California679 words

Opinion

Lead Opinion

Gray, J.

—The defendant was convicted of the crime of grand larceny for having feloniously taken from the person of L. H. Poston one certain twenty-dollar bill. The crime was committed in the city of Sacramento, at the defendant’s place of business, known as the Eeal Thing saloon.

1. The most of the evidence against the defendant came from said Poston, two women who accompanied him to the saloon, and from the defendant himself. It would serve no useful purpose to either state or analyze this evidence; we deem it sufficient to say that the verdict of the jury finds ample support in the testimony, both as to the money having been feloniously taken from the person of Poston, and as to defendant’s complicity in such taking.

2. When the court had concluded the instructions to the jury and had told the clerk to swear an officer to -take charge of the jury, a juror asked, “May I ask one question for information, whether a certain amount has to be taken to compose grand larceny?” To which the court replied, “Ho, sir. As I instructed you, grand larceny is of three kinds. I will read it to you again, and if it comes within any of those degrees it constitutes grand larceny. Grand larceny is larceny…

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