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People v. Henson

THE PEOPLE v. MRS. MARION HENSON, Defendants LILLIAN JEFFERSON

People v. Henson, 48 P.2d 982 (Cal. Ct. App. 1935)
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Court
California Court of Appeal · State Appellate Courts
Decided
September 13, 1935
Docket
No. Crim. No. 2774
Judges
Fricke
Citations
48 P.2d 9829 Cal. App. 2d 1651935 Cal. App. LEXIS 1274
Cited by 10

Opinion of the Court — Fricke

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FRICKE, J., pro tem.

The information charges the grand theft from the person of one John Patrick of the sum of nine dollars. Omitting the details of the meeting between the white complainant and the colored defendant Henson, and his object in occupying a bedroom with her, it appears that the complainant hung his coat, vest and trousers on the back of a chair, and that while his attention was elsewhere than upon his clothing he heard a rustling of paper, turned his head and saw defendant Jefferson reach into his 'inside pocket and his wallet. His efforts to interfere were blocked by Henson, who, after the complainant had succeeded in getting his clothes on, drew a knife and ordered him to keep his hand out of his pocket. Complainant had some of his money in his hand, and Jefferson pried his fingers loose, removed the money and handed it to defendant Henson. escaped by jumping through a closed window. He testified that the money was taken from him forcibly and against his will.

*166 Appellant’s sole contention, that there was no theft from the person and hence that the crime amounted to but a petty theft, is predicated upon the theory that the money was taken from complainant’s clothes while they hung on thé chair. Even if we assume that some money was thus taken, the testimony of complainant that the money was forcibly taken from his hand is ample to sustain the conviction of grand theft.

The judgment and order denying a new trial are affirmed.

Crail, P. J., and Wood, J., concurred.

How later courts describe this case

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

Cited by 10 cases

View all citing references →
1939: 11940: 21941: 11944: 11946: 11951: 11958: 11959: 11963: 119392026peak 1940 · 2

Relies on it most ⓘ

  1. Zelayeta v. Pacific Greyhound Lines, Inc.232 P.2d 572 (Cal. Ct. App. 1951)
  2. Stroud v. Hansen120 P.2d 102 (Cal. Ct. App. 1941)
  3. Ocean Park Pier Amusement Corp. v. City of Santa Monica104 P.2d 668 (Cal. Ct. App. 1940)
  4. Merchants' Ice & Cold Storage Co. v. Globe Brewing Co.167 P.2d 503 (Cal. Ct. App. 1946)
  5. Rufo v. N. B. C. National Broadcasting Co.334 P.2d 16 (Cal. Ct. App. 1959)
  6. People v. Blevins222 Cal. App. 2d 801 (1963)

Most recent

  1. People v. Blevins222 Cal. App. 2d 801 (1963)
  2. Rufo v. N. B. C. National Broadcasting Co.334 P.2d 16 (Cal. Ct. App. 1959)
  3. Stapp v. Marshburn332 P.2d 798 (Cal. Ct. App. 1958)
  4. Zelayeta v. Pacific Greyhound Lines, Inc.232 P.2d 572 (Cal. Ct. App. 1951)
  5. Merchants' Ice & Cold Storage Co. v. Globe Brewing Co.167 P.2d 503 (Cal. Ct. App. 1946)
  6. Ringis v. Otting146 P.2d 421 (Cal. Ct. App. 1944)

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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