California Supreme Court, 1874

People v. Barnes

California Supreme Court · Decided July 1, 1874 · Wallace

48 Cal. 551; 1874 Cal. LEXIS 194

Cases that cite this one

6 later published cases cite this decision.

People v. Gibson (Cal. Ct. App. 1930)
State v. Egan (S.D. 1923)
People v. Fleming (Mich. 1923)
People v. Henry (Mich. 1901)
People v. Smith (Cal. 1895)
People v. Stewart (Cal. 1890)

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

By the Court Wallace, C. J.:

The defendant was indicted and convicted of the crime of burglary, in breaking and entering the room and sleeping apartment of one Dubois, with intent to steal, etc.

On the trial the District Attorney, as part of his case in chief, was permitted, against the objection of the defend*552ant, to prove that at a time and place admitted to be other than and distinct from those mentioned or intended to be charged in the indictment, the defendant entered a room, at the time occupied by Dubois, and stole a sum of money from him.

Upon settled principles governing the introduction of evidence in criminal cases, this was erroneous, and the judgment is reversed and the cause remanded for a new trial.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.