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People v. Jenkins

Supreme Court of California
Oct 1, 1860
16 Cal. 431 (Cal. 1860)

Opinion

         Appeal from the Court of Sessions of San Diego.

         Indictment for burglary, in entering in the night time a certain warehouse, and stealing various goods and chattels. The indictment was in the usual form. The jury being instructed, as is stated in the opinion of the Court, found defendant guilty as charged. He appeals.

         Judgment reversed and cause remanded.

         COUNSEL

          Robinson, Beatty & Heacock, for Appellant.

          Thomas H. Williams, Attorney-General, for Respondent.


         JUDGES: Baldwin, J. delivered the opinion of the Court. Cope, J. concurring.

         OPINION

         BALDWIN, Judge

         The judgment in this case must be reversed for error in the instruction, which was that, if the jury believed that the defendant entered the warehouse of Caperon & Stevens in the night time, and took therefrom sundry goods and chattels, he was guilty of the crime of burglary. The charge ignores the felonious intent of the entry, and the character of it.

         Judgment reversed and cause remanded.


Summaries of

People v. Jenkins

Supreme Court of California
Oct 1, 1860
16 Cal. 431 (Cal. 1860)
Case details for

People v. Jenkins

Case Details

Full title:THE PEOPLE v. JENKINS

Court:Supreme Court of California

Date published: Oct 1, 1860

Citations

16 Cal. 431 (Cal. 1860)

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