People v. Getty

Citations

• 49 Cal. 581

Syllabus

<p>Evidence Sufficient to Pbove a Bubglaby.—When a room was entered and money stolen therefrom between six o’clock p. m. of the fifth and one p. M. of the sixth, and the room was occupied from twelve M. of the fifth until one p. m. of the sixth, and the money was found in the possession of the defendant a short time before sunrise on the sixth, and he was in a saloon under the room at eleven p. M. of the fifth, and stated that he remained in the saloon while two persons “ went up stairs and done the job:” Held, that the evidence was sufficient to warrant the jury in finding that the room was entered and the money taken in the night time.</p> <p>Idem.—When the evidence in the same case further showed that one of the persons mentioned by the defendant as having perpretrated the burglary, had recently been in the employ of the person from whom the money was stolen, had been in the room, and was in the saloon with the defendant on the night of the burglary, and that the two were in company on the morning of the sixth, and remained together during a part of the day, and the defendant paid out the kind of money stolen during the day, which consisted of Chilian and Peruvian coin, rarely seen in circulation at the place, and the person mentioned above told the defendant after the arrest that he got and spent all the money: Bald, further, that the evidence was sufficient to warrant the jury in finding that the defendant was connected with the burglary.</p> <p>Possession of Money as Evidence of Laboeny.—Although the possession of money recently stolen is usually of slight weight as evidence to prove the guilt of the person in whose possession it is found, yet if the money is of a kind rarely seen in circulation at the place, and consists of a combination of pieces, such as Chilian half ounces and a single Peruvian ounce its value as evidence is largely increased.</p> <p>Bill of Exceptions.—A bill of exceptions should state the evidence relating to the point presented in a nar