gno.law

People v. Day

California Court of Appeal · Crim. No. 622. · 1916-06-15 · Published · 159 P. 457 · 30 Cal. App. 762 · 1916 Cal. App. LEXIS 467

The People v. Ralph Day

Proceeding
appeal from a judgment
Trial court
Superior Court of the City and County of San Francisco
Trial judge
Frank H. Dunne
Outcome
other — The facts are stated in the opinion of the court.
Area
criminal
Panel
The Court. &#8212 (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

We find from a review of the record that the evidence in this case sufficiently supports the verdict; that even if the evidence warranted and would have supported a charge of burglary upon the theory that the defendant was an accessory thereto, nevertheless it also shows that the defendant *Page 763 subsequently received the fruits of the burglary from the actual perpetrator thereof knowing them to be stolen; that as a consequence he was guilty of receiving stolen goods; that therefore he cannot be heard to complain that the people elected to charge him with the latter offense rather than with the former. We further find that the testimony of the admitted accomplice of the defendant in the commission of the crime charged was amply corroborated by other and independent evidence, and that there was no error in the charge of the court or in its refusal to give certain instructions requested upon behalf of the defendant.

Upon these grounds the judgment and order appealed from are affirmed.

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