People v. Carabin

Citations

• 14 Cal. 438

Syllabus

<p>Ah indictment for grand larceny, found at a Special Term of the Court of Sessions, is valid. Under the statute authorizing that Court to hold special terms in certain cases, the Court, when specially called, has the same powers as at a regular term.</p> <p>Defendant was indicted for stealing a steer. The Court charged the juryin effect, that though defendant killed the steer, believing it to he his own, yet when he appropriated it to his own use and benefit, it was evidence of a felonious intent, and the jury will so find. Held, that the charge was erroneous, because it assumes as a fact, that defendant did appropriate the steer—which was for the jury —and then makes the mere fact of appropriation conclusive proof of guilt. The facts of taking and carrying away, the title of the property, and the intent with which it was taken and carried away, should have been left to the jury.</p>