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People v. Marshall

Supreme Court of California
Jul 1, 1881
59 Cal. 391 (Cal. 1881)

Opinion

         Department Two

         Appeal from a judgment of conviction in the Superior Court of the City and County of San Francisco. Ferral, J.

         COUNSEL

          Laura de Force Gordon, for Appellant.

         No brief on file for Respondent.


         OPINION

         The Court:

         The defendant was charged with the crime of grand larceny, and was convicted of that crime in the Court below On the trial the Court gave the following charge to the jury: " If they (the prosecution) prove that any of the things herein charged to have been stolen, either singly or altogether, were worth fifty dollars or over, * * * then that would be sufficient to warrant the jury in finding the defendant guilty of grand larceny."

         The things charged to have been stolen consisted of certain articles of jewelry described in the information, and under Section 487 of the Penal Code, it is not grand larceny to steal such property, unless it is of a value exceeding fifty dollars.

         The instruction was erroneous, and the judgment must be reversed. So ordered.


Summaries of

People v. Marshall

Supreme Court of California
Jul 1, 1881
59 Cal. 391 (Cal. 1881)
Case details for

People v. Marshall

Case Details

Full title:THE PEOPLE v. CHARLES MARSHALL

Court:Supreme Court of California

Date published: Jul 1, 1881

Citations

59 Cal. 391 (Cal. 1881)