Opinion
Appeal from a judgment in the Superior Court of San Francisco. Cary, J.
The action was commenced in the Nineteenth District Court of the City and County of San Francisco, to foreclose a mortgage upon land in the County of Monterey, and transferred to the Superior Court of the same city and county as the successor of the former Court.
COUNSEL
Estee and Boalt, for Appellant.
H. C. Campbell, for Respondent.
OPINION
In Bank.
The Court:
The defendant was proceeded against by information, and convicted of the crime of burglary; and on the trial the Court below instructed the jury that the possession of stolen property, supported by other circumstances and other evidence tending to show guilt, is a strong circumstance in the case. This was error. Whether the possession was strong evidence, or only slight evidence tending to show guilt, was a matter for the jury to pass upon, and not a question for the Court to determine.
Judgment and order reversed.