People v. Mulkey

California Supreme Court

People v. Mulkey

4 P. 507, 65 Cal. 501, 1884 Cal. LEXIS 610

CourtCalifornia Supreme Court

DecidedAugust 18, 1884

DocketNo. 10,952

StatusPublished

Cited by4 cases

This text of 4 P. 507 (People v. Mulkey) 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. Mulkey, 4 P. 507, 65 Cal. 501, 1884 Cal. LEXIS 610 (Cal. 1884).

Pincite

Opinion

Ross, J.

The defendant was charged by information with the crime of feloniously entering a certain dwelling-house with intent to commit larceny. The court below instructed the jury that if they believed from the evidence that the defendant entered the house with the intent to commit grand or petit larceny or any felony, they should find him guilty.

This instruction Was clearly erroneous. There is nothing better settled than that the crime charged must be proved before a conviction can be had.

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

McKinstry, J., and McKee, J., concurred.

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