People v. Dowd

California Supreme Court

People v. Dowd

2 Cal. Unrep. 68

CourtCalifornia Supreme Court

DecidedDecember 27, 1879

DocketNo. 10,448

StatusPublished

This text of 2 Cal. Unrep. 68 (People v. Dowd) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Dowd, 2 Cal. Unrep. 68 (Cal. 1879).

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Opinion

By the COURT.

The defendant was indicted under the provisions of section 476 of the Penal Code. The court in[69]*69strueted the jury that they must acquit the defendant unless it was proven that T. A. Dowd, the name signed to the check in question, was a fictitious person. This proposition is not contested by the prosecution. The evidence failed to prove that fact, and the jury should, on that ground, have acquitted the defendant.

Judgment and order reversed and cause remanded for a new trial. Remittitur forthwith.

MeKinstry, J., dissented.

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By the COURT.

The defendant was indicted under the provisions of section 476 of the Penal Code. The court in[69]*69strueted the jury that they must acquit the defendant unless it was proven that T. A. Dowd, the name signed to the check in question, was a fictitious person. This proposition is not contested by the prosecution. The evidence failed to prove that fact, and the jury should, on that ground, have acquitted the defendant.

Judgment and order reversed and cause remanded for a new trial. Remittitur forthwith.

MeKinstry, J., dissented.

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Bluebook (online)

2 Cal. Unrep. 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dowd-cal-1879.