Davis

People v. Davis

Good Law
1893 Cal. LEXIS 509·97 Cal. 194·31 P. 1109
Supreme Court of CaliforniaJanuary 14, 1893No. 20947California432 words

Opinion

Lead Opinion

Garoutte, J.

Appellant was convicted of grand larceny, and appeals from the judgment and order denying his motion for a new trial.

Upon a careful examination of the instructions of the *195 court given to the jury, we have no fault to find with them.

It is insisted that the evidence is insufficient to support the verdict.

Davis was charged with stealing a pocket-book and one five-dollar gold piece, all of said property being of the value of six dollars; and it was further charged to be the property of Jane Doe, and taken from her person. Doe was not present at the trial, neither was her testimony before the jury in any form. It is now claimed that no evidence was introduced showing that the property alleged to have.been stolen was her property, or that it was taken against her will. The evidence of eye-witnesses showed that the pocket-book was taken from the woman by appellant while she was standing up in a crowded street-car, and the manner of the taking strongly indicates the act of a professional pickpocket. The fact that the property was in the possession of Jane Doe at the time of the taking is sufficient evidence of the ownership by her. It was said in People v. Nelson, 56 Cal. 82 :…

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