People v. Antonio

Citations

• 27 Cal. 404

Syllabus

<p>Act concerning Indians.—The Act of April 22d, 1850, for the protection and punishment of Indians, was intended to be applied to Indians in tribes, or when living in separate communities or companies, and not to a case where an Indian has been living among white men.</p> <p>Repeal op Act prescribing Whipping por Larceny.—The Act of April 22d, 1850, conferring on Justices of the Peace the power to punish Indians convicted of larceny by whipping, is repealed by the Act of 1856, which prescribes the punishment for both grand and petit larceny.</p> <p>Justice's Jurisdiction to try Indian for Grand Larceny.—The Act of April 20th, 3863, concerning Courts of justice in this State, takes away from Justices of the Peace the power to try and punish Indians for grand larceny conferred upon them by the Act of April 22d, 1850, for the protection and punishment of Indians.</p> <p>Burden op Proving how Stolen Property was Obtained.—The burden of proving that stolen property found in his possession came honestly into his hands is not cast upon a defendant in a criminal case, unless the prosecution has introduced evidence, either direct or presumptive, sufficient to prove that he came dishonestly by it.</p> <p>General or Special Verdict in Criminal Cases.—The Court cannot direct a jury, in a trial for larceny, to render a special verdict, but, upon the request of either party, it should instruct them that they have the discretion to render either a general or special verdict.</p>