People v. Robles

Citations

• 34 Cal. 591

Syllabus

<p>Indictment—Value of Stolen Property.—An indictment charged defendant with the larceny of two hundred and fifty sheep, of the value of one thousand dollars: held, that a demurrer to the indictment for insufficiency, on the ground that the value of each sheep should be separately stated, was properly overruled.</p> <p>Evidence of More than One Offense—Relevancy.—On the trial W. testified, under the objections of the defendant, on the grounds of irrelevancy, and as tending to prove offenses other than that charged, to the larceny of a band of his own sheep, which before had been and at the time were herded together with the sheep alleged to have been stolen from R., the prosecutor, and after the larceny were found by W. still together, in the possession of the same parties: held, that the testimony was properly admitted, as tending to establish the larceny of the sheep of R.</p> <p>Admissions of the District Attorney as Evidence.—Where, during the progress of the trial, the District Attorney «admitted before the Court and jury, that R., a material witness for the people, was then under indictment for receiving stolen property, knowing it to be such, which was the same property, in part, for the larceny of which defendant was on trial: held, first, that the admission was binding on the people; second, that it was material, as affecting the credibility of R.; and third, that the Court erred in excluding it, by instruction, from the consideration of the jury.</p>