People v. Jenkins

California Supreme Court

People v. Jenkins

16 Cal. 431

CourtCalifornia Supreme Court

DecidedJuly 1, 1860

StatusPublished

Cited by3 cases

This text of 16 Cal. 431 (People v. Jenkins) 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. Jenkins, 16 Cal. 431 (Cal. 1860).

Pincite

Opinion

Baldwin, J. delivered the opinion of the Court

Cope, J. concurring.

The judgment in this case must be reversed for error in the instruction, which was that, if the jury believed that the defendant entered the warehouse of Caperon & Stevens in the night time, and took therefrom sundry goods and chattels, he was guilty of the crime of burglary. The charge ignores the felonious intent of the entry, and the character of it.

Judgment reversed and cause remanded.

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Baldwin, J. delivered the opinion of the Court

Cope, J. concurring.

The judgment in this case must be reversed for error in the instruction, which was that, if the jury believed that the defendant entered the warehouse of Caperon & Stevens in the night time, and took therefrom sundry goods and chattels, he was guilty of the crime of burglary. The charge ignores the felonious intent of the entry, and the character of it.

Judgment reversed and cause remanded.

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Bluebook (online)

16 Cal. 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jenkins-cal-1860.

Opinion

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