People v. Smallman

Citations

• 55 Cal. 185

Syllabus

<p>Larceny—Definition—Criminal Law.—Upon an indictment against S. and his wife for larceny of money, the evidence for the prosecution showed that the prosecuting witnesses delivered money to S. for Mrs. S., according to a previous understanding with the latter that she should invest the money in stocks for the use of the prosecuting witnesses, and tended to show that the defendants obtained the money without any intention of investing it as agreed, and with the fraudulent intent of converting it to their own use. The Court below refused to advise the jury to acquit on the close of the testimony for the prosecution; and, upon the close of the trial, in effect, charged the jury to find the defendants guilty, if they found that they obtained the money in the manner and with the intent above stated, and, afterwards refused a motion for a new trial based on the ground that the verdict was contrary to the evidence; thus, in effect, deciding that the facts stated constituted larceny. Held, not to be error.</p> <p>Id.—In.—Id.— Supreme Court—Jurisdiction—Question of Law—Definition—Conflict of Evidence—Constitutional Law.—Under the late Constitution, the Supreme Court had appellate jurisdiction in criminal cases, on questions of law alone; and such a question is presented—where the verdict is complained of as being contrary to the evidence—only where there is no evidence to establish the charge; and not where there is evidence tending to prove it.</p> <p>Id.—Evidence—Criminal Law—Bes Gestíe.— Upon the cross-examination of a witness for the prosecution, an affidavit made by the witness was offered by the defendant, for the purpose of impeaching her testimony. Held, that the circumstances under which the affidavit was made, and the conversation had by the witness with the person at whose instance it was made, were admissible as parts of the transaction.</p> <p>Id.—Id.—Id.—Id. — Declarations. — Upon the cross-examination of the prosecuting witness, the defendants drew out that t