People v. Mackinley

California Supreme Court

People v. Mackinley

9 Cal. 250

CourtCalifornia Supreme Court

DecidedJuly 1, 1858

StatusPublished

Cited by2 cases

This text of 9 Cal. 250 (People v. Mackinley) 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. Mackinley, 9 Cal. 250 (Cal. 1858).

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Opinion

Burnett, J., delivered the opinion of the Court—Terry, C. J., and Field, J., concurring.

The defendant was indicted for the alleged conversion to his own use, whilst bailee, of a quit-claim-deed made and executed by Thomas J. Alsbury to defendant. The defendant demurred; the demurrer was overruled, and the defendant appealed.

The demurrer should have been sustained. The deed having been “made and executed ” as alleged in the indictment, by AIs-[251]*251bury to Maokinley, was the property of the latter, and could not he stolen by him.

Judgment reversed, and cause remanded.

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Burnett, J., delivered the opinion of the Court—Terry, C. J., and Field, J., concurring.

The defendant was indicted for the alleged conversion to his own use, whilst bailee, of a quit-claim-deed made and executed by Thomas J. Alsbury to defendant. The defendant demurred; the demurrer was overruled, and the defendant appealed.

The demurrer should have been sustained. The deed having been “made and executed ” as alleged in the indictment, by AIs-[251]*251bury to Maokinley, was the property of the latter, and could not he stolen by him.

Judgment reversed, and cause remanded.

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Bluebook (online)

9 Cal. 250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mackinley-cal-1858.

Opinion

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