People v. Gray

Citations

• 66 Cal. 271
• 5 P. 240
• 1884 Cal. LEXIS 755

Syllabus

<p>Criminal Law—Embezzlement—Extradition.—The crime of embezzlement of public moneys is extradictable, under the treaty between the United States and the Republic of Mexico, of December 11, 1861.</p> <p>In.—Evidence of Similar Acts—Guilty Knowledge—Intent.—In a prosecution for embezzlement of public moneys, evidence of similar acts is admissible to prove a guilty knowledge and a criminal intent in the appropriation of the moneys alleged to have been embezzled.</p> <p>Id.—Instructions.—It would be proper for the court to instruct the jury as to the purposes for which such evidence is admitted, but the failure of the court to do so is not error, unless the instruction is asked for.</p> <p>Id.— Wharfage and Tolls — Property of State.—Moneys collected as wharfage and tolls become the property of the State as soon as collected. It is not necessary that they be first paid into the treasury.</p> <p>Id.—Proof of Amount of Embezzlement.—Proof of the embezzlement of only a part of the amount charged is sufficient to support the information.</p> <p>Id.—Instructions.—It is not error to refuse to give instructions which have already been substantially given.</p> <p>Id.—Section 504, Penal Code.—The facts stated in the information held to be sufficient to bring the case within section 504 of the Penal Code.</p>