People v. Brady

Citations

• 6 Cal. Unrep. 719
• 65 P. 823
• 1901 Cal. LEXIS 1263

Syllabus

<p>Burglary—Verdict,—Under Penal Code, Section 1151, providing that a general verdict on a plea of not' guilty is either “guilty” or “not guilty,” which imports a conviction or acquittal of the offense charged in the indictment, the designation of the offense in a general verdict is mere surplusage, and a verdict finding defendant guilty of \burgulary” is valid.1</p> <p>Burglary.—Defendant Leased a House in Which There \was no furniture. A vacant house on another farm about nine miles distant contained household furniture, which was found in defendant’s possession at the time of his arrest. One witness testified that the defendant had borrowed a team about the time the furniture was supposed to have been taken, and another witness testified as to seeing such a team going in the direction of the vacant house, and later return toward the defendant’s place. Defendant made many contradictory statements as to where he obtained the furniture. Held, sufficient to warrant a conviction for burglary.</p> <p>Burglary—Participant in Crime.—The fact that a person was living with one guilty of burglary at the time the burglary was committed, and that he made untruthful statements as to where the guilty party obtained the property, is not sufficient evidence to warrant the conviction of such person as participating in the crime.</p> <p>Burglary—Cross-examination.—Where, on a Prosecution for Burglary, the defendant’s wife had testified as to the purchase by her husband of the alleged stolen articles, it was proper cross-examination to ask her as to statements, inconsistent with her testimony, at the time of her husband’s arrest.</p> <p>Burglary—Possession of Stolen Property.—On a prosecution for burglary, it was not error to instruct that the possession of stolen property soon after the commission of the alleged offense by the person charged was a circumstance tending to prove their guilt, and that the jury should consider the proximity of the place where the property was found to