People v. Joy

Citations

• 6 Cal. Unrep. 824
• 66 P. 964
• 1901 Cal. LEXIS 1242

Syllabus

<p>Burglary—Evidence.—Defendant was Pound at Night, Less Than an Hour after a malt-car was burglarized, and less than two blocks from the car, with two other boys, each having on his shoulder a sack of the stolen malt. Defendant’s companions escaped, but he was seized in the act of dropping the malt. He refused to explain to the officer what .he was doing with the malt, and on his preliminary examination testified that he did not remember anything of his arrest, or that he had any conversation with the officer, or that he had any sack in his possession, or was in company with anyone at the time of his arrest. At the trial he testified that he was intoxicated on that evening; that he met three persons, who had four sacks of malt with them; and that he, at their request, assisted in carrying one of the sacks for them. Held, that defendant’s conduct in refusing to answer the officer, and his failure of memory at the preliminary examination, followed by his recollection of an important fact in his favor on the trial, betrayed guilt, which, corroborated by the fact of the possession of the -stolen property, was sufficient to support a conviction.1</p> <p>Burglary—Evidence.—An Officer Accosted Defendant at Night with stolen malt in his possession, and asked him what he was doing with that; whereupon defendant replied that he was no chicken, and was not going to tell. Held, that such statement was a mere declaration of the defendant against interest, and not a confession, and was therefore admissible without a foundation showing that the statements were voluntary.</p> <p>Criminal Law—Evidence Given at Preliminary Examination.— On a criminal prosecution parts of the testimony of a police officer, given at the preliminary examination of the defendant as to a conversation between the officer and defendant, may be read to the officer to refresh his memory.</p> <p>Criminal Law—Evidence Given at Preliminary Examination.— An objection to the reading of the testimony of a police o