People v. Mitchell

This is an information for burglary, filed by the District Attorney of Tehama County, against the defendant and one George *237 Kane. The information charges “ that ¡Reuben J. Mitchell and George Kane, on or about the 4th day of March, 1880, at and in the County of Tehama, and State of California, did feloniously enter the meat-shop of George W. Vestal, with intent to commit petit larceny, contrary to the form, force, and effect of the statute,” etc. Reuben J. Mitchell was convicted of the crime charged in the information, and from the judgment of conviction as well as from the order of the Court below denying his motion for a new trial, he brings this appeal. It will be necessary for this Court to pass upon only one error found in die transcript, as it is sufficient to make it our duty to reverse the judgment of the Superior Court.

The following instruction was given to the jury: “Proof of the possession of property in the hands of defendant recently after the same property was stolen out of the meat-shop of Vestal, unless the possession of the same is satisfactorily accounted for by the defendant, raises a presumption of guilt against the defendant.” There was evidence in the…