People v. Elster

Citations

• 2 Cal. Unrep. 315
• 3 P. 884
• 1884 Cal. LEXIS 787

Syllabus

<p>Criminal Law—Evidence.—The Conduct, Acts and Statements of a person under arrest for a crime which he is charged with having committed are admissible in evidence, and such inference may be drawn from them as are warranted by the evidence; but an inference of guilt cannot be drawn from a statement evincive of innocence, nor from silence, where a person is not bound to speak, nor from refusal to answer unauthorized questions touching the charge against him.1</p> <p>Larceny—Possession of Stolen Goods.—When a Man in Whose Possession stolen property is found gives an account of how he came by it, as by telling the name of the person from whom he received it, it is incumbent on the prosecution to show that the account is false, unless the account given be unreasonable or improbable on the face of it.</p> <p>Larceny—Possession of Stolen Goods.—While It Would be Proper, in a case in which there is any evidence tending to prove inculpatory facts and circumstances in connection with the possession of property recently stolen, for a court to instruct the jury that they will be justified in finding the defendant guilty of the theft, it would be improper and erroneous to give such instructions if there were no evidence in the case to warrant the inference of such circumstances.</p>