People v. Mackinley
PEOPLE v. MACKINLEY
- Area
- criminal
- Panel
- Lawrence F. Terry, Albert G. Burnett, Stephen J. Field
Analysis
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Opinion — Burnettterryfield
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-*251bury to Maokinley, was the property of the latter, and could not he stolen by him.
Judgment reversed, and cause remanded.
Cited by
- People v. Tufunga S072486 · 1999-11-15