People v. Parks

California Supreme Court

People v. Parks

44 Cal. 105, 1872 Cal. LEXIS 161

CourtCalifornia Supreme Court

DecidedJuly 1, 1872

DocketNo. 3,338

StatusPublished

Cited by12 cases

This text of 44 Cal. 105 (People v. Parks) 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. Parks, 44 Cal. 105, 1872 Cal. LEXIS 161 (Cal. 1872).

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Opinion

By the Court, Wallace, C. J.:

The indictment alleges the offense to have been committed in the County of Yolo. The defendant pleaded not guilty, and it was, of course, incumbent upon the prosecution to prove the locus delicti. This was not done. The evidence conduces to establish that the robbery charged was committed, if at all, at the drinking saloon of Stroback, but there is nothing in the record which tends in the slightest degree to show that this saloon was situated in the County of Yolo.

Judgment reversed, and cause remanded for a new trial.

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By the Court, Wallace, C. J.:

The indictment alleges the offense to have been committed in the County of Yolo. The defendant pleaded not guilty, and it was, of course, incumbent upon the prosecution to prove the locus delicti. This was not done. The evidence conduces to establish that the robbery charged was committed, if at all, at the drinking saloon of Stroback, but there is nothing in the record which tends in the slightest degree to show that this saloon was situated in the County of Yolo.

Judgment reversed, and cause remanded for a new trial.

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Bluebook (online)

44 Cal. 105, 1872 Cal. LEXIS 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-parks-cal-1872.

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