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People v. Watson

THE PEOPLE v. THOMAS WATSON

People v. Watson, 14 P. 97 (Cal. 1887)
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Court
California Supreme Court · State Highest Courts
Decided
May 31, 1887
Docket
No. 20282
Judges
Temple
Citations
14 P. 9772 Cal. 4021887 Cal. LEXIS 547
Headnotes
Larceny—Information—Allegation of Ownership.—In a prosecution for larceny, an information which alleges that the thing stolen was the property of a certain woman is sufficient to sustain a conviction, although at the time of the larceny the alleged owner was a married woman, and the article stolen was bought with the money of her husband.
Summary
Appeal from a.judgment of the Superior Court of'the city and county of San Francisco, and from an order refusing a new trial. The facts are stated in the opinion of the court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Temple

Text extracted by OCR from a scanned original; check the original for exact wording.

Temple, J.

The defendant was convicted of grand larceny of a purse. The information charges larceny from the person of one Lizzie Golden, and that the property taken was the personal property of Lizzie Golden.

On the trial, the defendant asked the court to instruct the jury that if they find the said Lizzie Golden at the time of the larceny was a married woman, and that the purse was bought with the money of her husband, they should acquit the defendant. The court not only refused the instruction, but gave instructions of an exactly opposite effect.

Section 956, Penal Code, seems to settle this appeal:— “ When an offense involves the commission of, or the attempt to commit, a private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured, or intended to be injured, is not material.”

In this case, there can be no question whatever, as to the sufficiency of the description to identify the act.

The order and judgment are affirmed.

McFarland, J., McKinstry, J., Paterson, J., Sharp-stein, J., Thornton, J., and Searls, C. J., concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1889: 11901: 11904: 21918: 11926: 118892026peak 1904 · 2

Relies on it most ⓘ

  1. People v. Foster243 P. 667 (Cal. 1926)
  2. State v. Rathbone67 P. 186 (Idaho 1901)
  3. Lucas v. State121 N.E. 274 (Ind. 1918)
  4. People v. Nunley75 P. 676 (Cal. 1904)
  5. People v. Anderson22 P. 139 (Cal. 1889)
  6. Wolff v. City of Denver20 Colo. App. 135 (1904)

Most recent

  1. People v. Foster243 P. 667 (Cal. 1926)
  2. Lucas v. State121 N.E. 274 (Ind. 1918)
  3. Wolff v. City of Denver20 Colo. App. 135 (1904)
  4. People v. Nunley75 P. 676 (Cal. 1904)
  5. State v. Rathbone67 P. 186 (Idaho 1901)
  6. People v. Anderson22 P. 139 (Cal. 1889)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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