People v. Gassaway
This text of 23 Cal. 51 (People v. Gassaway) 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.
Opinion
delivered the opinion of the Court-Norton, J. and Cope, C. J. concurring.
This is an appeal from a judgment convicting the defendant of the crime of robbery. On the trial the Court charged the jury, among other things, as follows: “ In the absence of evidence of good character, the recent possession of stolen property, unexplained, is prima faeie evidence that the possessor is guilty of larceny.” The defendant excepted to this charge, and it is now assigned for error on this appeal. The charge is directly in conflict with the rule upon this question laid down by this Court in the cases of The People v. Chambers (18 Cal. 383) ; The People v. Ah Ki (20 Id. 177.)
The judgment is therefore reversed and the cause remanded.
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Cite This Page — Counsel Stack
23 Cal. 51, 1863 Cal. LEXIS 180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gassaway-cal-1863.