People v. Machado

Citations

• 6 Cal. Unrep. 600
• 63 P. 66

Syllabus

<p>Larceny.—An Indictment Sufficiently Describes the Stolen property as “one cow, the same being the property then and there of H.”</p> <p>Criminal Law—Reasonable Doubt—Instructions.—In a Criminal Case, Refusal to charge that the jury have a right to consider that innocent men have been convicted, and to consider the danger of convicting an innocent man in weighing the evidence whether there is reasonable doubt as to his guilt, is proper.</p> <p>Larceny.—In a Prosecution for Larceny of a Cow a Witness had testified to finding on the premises of accused a “slunk” calf— that is, one that had been taken from its mother—and that it had been taken from the stolen co-w, to which no objection nor motion to strike out was made. Held, that a question asking for the appearance of the calf as to when it had been taken from its mother, and his answer giving the facts on which ■ his conclusion was based, were not objectionable as assuming that the calf had been taken from “a” cow., not “the” cow—that is, from the stolen cow.</p> <p>Larceny.—Where a Witness in a Prosecution for the Larceny of a cow had testified in reference to a hide found on the premises of accused, but had not testified that any part of a brand on it was indistinguishable, a question, on cross-examination, asking what part of the brand was indistinguishable, was properly excluded.</p> <p>Larceny.—A Question to a Witness, “How, When You Went to the butcher-shop or slaughter-house for the first time, you didn’t go in?” was properly excluded for uncertainty, as it could not be understood whether it referred to the butcher-shop or the slaughterhouse.</p> <p>Larceny.—Where, in a Prosecution for the Larceny of a Cow,</p> <p>a witness testified, without objection, to the finding of the carcasses of two calves in a certain locality, a question calling for their condition, and the answer to the effect that they were very much decomposed, which was favorable to accused as showing that they could not have come from the s