People v. Henderson

Clarence Henderson, John Williams, and John Auls were charged by information with a violation of section 591 of the Penal Code, it being alleged that they “unlawfully and maliciously took down and removed a telephone line.” After a trial by jury they were all found guilty as charged and judgments were pronounced. They have appealed from the judgments.

Appellants do not question the sufficiency of the evidence but contend the judgments should be reversed because of several asserted prejudicial errors relating to instructions. Before discussing these contentions, we shall give a brief summary of the evidence as shown by the record.

On May 14, 1962, James E. Taylor, a train dispatcher for the Sacramento Northern Railway, was on duty between 4 p.m. and midnight. At 9 :36 p.m. he heard a loud noise on the west dispatcher’s circuit between Sacramento and Vacaville, indicating the line had been grounded. The noise stopped at 9:38 p.m. At 9 :40 p.m. Mr. Taylor telephoned Mr. Sant, general foreman, and Mr. Radcliff, special agent, of the railway and told them he suspected the line had been cut. Mr. Radcliff notified the Sheriff’s Office of Yolo County. Mr. Sant and Mr. Radcliff proceeded…