People v. Abbott

Citations

• 4 Cal. Unrep. 276
• 34 P. 500
• 1893 Cal. LEXIS 1115

Syllabus

<p>Burglary—Possession of Stolen Property.—In a burglary ease it appeared that a Chinaman’s trunk and pipe were stolen from the burglarized building. There was evidence that two persons carried a “China trunk” from the lot on which the building was situated about the time the crime was committed; that defendant and others were seen with such a trunk about that time; and that such China-man’s trunk .was found open two days afterward, a considerable distance from the building. There was no evidence that a “China trunk” is any different from any other trunk. The pipe was put in evidence, but there was no testimony as to where it was found. Held, that the evidence did not justify an instruction as to the effect of possession of property recently stolen.</p> <p>Burglary.—It is Error to Charge That the Possession of stolen property soon after the taking, while not sufficient to justify a convietion, is a “guilty circumstance,” and that defendant was bound to explain the possession in order to remove its effect.1</p> <p>Criminal Trial—Misconduct of Judge.—Where a Witness for the State, in a criminal case, is absent when wanted, and is brought in by an officer, it is error for the court, in the presence of the jury, to hold a colloquy with such witness, which tends to discredit defendant and his counsel, and lead the jury to believe¿.that, if they were not guilty of a grave offense in procuring the absence of the witness, they were, in the opinion of the court, capable of committing it, and that such conduct on their part could only be induced by consciousness of defendant’s guilt.</p>