People v. Murphy

Citations

• 47 Cal. 103

Syllabus

<p>Evidence in Case op Labceny.—If stolen property is found concealed, on the trial for. the larceny, evidence may be introduced to show how the finder was informed of the place of concealment, even if the information was obtained by duress, and came from persons other than the defendant.</p> <p>Closing Argument in Criminal Case.—In a criminal trial, the Court may, in its discretion, allow counsel employed to assist the prosecuting attorney to conclude the argument.</p> <p>Facts por the Jury in Case op Larceny.—If, on a trial for the larceny of a bullock, it is proved that the body of the animal, dressed, was found in the possession of the defendant, and that the head and ears, and a portion of the hide which here the brand, were found concealed near by, the jury may take into consideration the fact that the ears and brand, and head, were cut off and concealed, for the purpose of determining whether the defendant intended to steal the animal.</p> <p>Larceny.—Asportation and intent to steal are necessary elements in larceny.</p> <p>Error presumed Injurious.—Error committed in a criminal trial, will be presumed to have injured the defendant, unless the contrary clearly appears.</p> <p>Instructions in Criminal Case.—In a criminal trial, it is not error for the Court to refuse to give instructions to the jury which are based on a state of facts not in evidence.</p>