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People v. Lowrey

Supreme Court of California
Jul 21, 1886
70 Cal. 193 (Cal. 1886)

Opinion

         Appeal from the judgment of the Superior Court of Amador County, and from an order refusing a new trial.

         COUNSEL:

         Rust & Caminetti, for Appellant.

          Attorney-General Marshall, William J. McGee, and E. C. Farnsworth, for Respondent.


         JUDGES: In Bank. Ross, J. McKee, J., Myrick, J., Thornton, J., Sharpstein, J., and McKinstry, J., concurred.

         OPINION

          ROSS, Judge

         The judgment in this case must be reversed upon the authority of People v. Bush , 68 Cal. 623, decided since the trial of this case in the court below. Anticipating the result, counsel on both sides have asked the court, in the event a new trial should be ordered, to decide whether or not the evidence in the case is sufficient to sustain the verdict. We do not think it proper to do so, for if we should decide that it is, such determination might and probably would be used on the new trial to the prejudice of the defendant.

         One other question we are asked to determine, and as that relates to the admission of certain shoes in evidence, it is proper that it should be decided. The crime charged against the defendant is burglary, and the evidence against [11 P. 606] him circumstantial. There was evidence tending to identify the shoes, and that they were in the house burglarized, and were found in the possession of defendant the next morning some miles from the place where the crime was committed. All this was clearly admissible as tending to connect defendant with the offense.

         Judgment and order reversed, and cause remanded for new trial.


Summaries of

People v. Lowrey

Supreme Court of California
Jul 21, 1886
70 Cal. 193 (Cal. 1886)
Case details for

People v. Lowrey

Case Details

Full title:THE PEOPLE, Respondent, v. CHARLES LOWREY, Appellant

Court:Supreme Court of California

Date published: Jul 21, 1886

Citations

70 Cal. 193 (Cal. 1886)
11 P. 605

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