People v. Feliz

Citations

• 6 Cal. Unrep. 939
• 69 P. 220

Syllabus

<p>Larceny—Instructions.—On a Prosecution for Grand Larceny, an instruction that if defendant was not present when the alleged crime was committed he was not guilty was properly refused, as aiding and abetting the crime would have rendered defendant guilty as a principal.</p> <p>Criminal Law—Alibi.—Where the Court Instructed That, if the evidence tended to establish an alibi, to the extent that it raised a reasonable doubt as to defendant’s guilt, he should be acquitted, and gave other correct instructions on the subject, the refusal to instruct that, if the jury entertained a reasonable doubt as to the sufficiency of the evidence to establish an alibi, defendant should be acquitted, was not reversible error.</p> <p>Larceny—Instructions.—Where, on a Prosecution for Grand Larceny, there was evidence connecting defendant with the commission of the crime other than the mere fact of his presence and failure to interfere with the commission thereof, the refusal to instruct that the mere fact that one is present when a larceny is committed, and makes no attempt to prevent it, does not render him guilty of the crime, was not prejudicial error.</p>