Davis

People v. Davis

Good Law
135 Cal. 162·1901 Cal. LEXIS 666·67 P. 59
Supreme Court of CaliforniaDecember 23, 1901Crim. No. 809.California1,379 words

Opinion

Lead Opinion

Cooper, J.

Defendant was charged with the crime of arson and two prior convictions of grand larceny. He pleaded guilty to the prior convictions as alleged. After trial upon the charge of arson, he was found guilty in the second degree, and judgment was accordingly entered, sentencing him' to imprisonment for ten years in the state prison. He appeals from the judgment and order denying his motion for a new trial.

The claim is made that the evidence is insufficient to sustain the verdict, for the reason that the ownership of the barn which was burned was not proven as alleged, and for the further reason that the evidence shows the witness Peyer was an accomplice. We have examined the evidence as to both the points urged, and we find it sufficient. The information described the barn as “on the Camden toll-road; that is, that certain barn known as and called the ‘Bob Jones’ barn. . . . The said barn or building being at said time the property of another,—to wit, the property of one Charley Quong Toy.” The identification of the barn as described in the information was fully established by the prosecution. It was shown to be located at the place described, and that it was generally known as the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.