California Supreme Court, 1858

People v. Mackinley

California Supreme Court · Decided July 1, 1858 · Burnett, Field, Terry

9 Cal. 250

Cases that cite this one

2 later published cases cite this decision.

State v. Parker (Utah 1943)
People v. Tufunga (Cal. 1999)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

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