People v. Wilson
California Supreme Court
People v. Wilson, 66 Cal. 370 (Cal. 1885)
5 P. 624; 1885 Cal. LEXIS 443
People v. Wilson
Opinion of the Court
The testimony is sufficient to establish a guilty knowledge on the part of defendant, and a participation in the actual theft, as well as in the fruits of the crime.
There was evidence in the case tending to show that the defendant was guilty. We cannot therefore disturb the verdict.
“ You cannot take into consideration as against the defendant any act of Lizzie Crowley, unless the people have proven to your satisfaction that a conspiracy had been entered into between her and the defendant to commit the crime of larceny, or to take the money of the complaining witness.”
We find no error in this refusal. The acts of Lizzie Crowley admitted in evidence were committed while she was present with the defendant, and of themselves showed a connection between them. Apart from any conspiracy between them to steal (of which there was no evidence), the testimony was pertinent and relevant, and, therefore, admissible.
Judgment and order affirmed.
Reference
- Full Case Name
- THE PEOPLE v. BELLA WILSON
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Criminai. Law—Verdict—Evidence.—A verdict of conviction in a criminal case will not be disturbed where there is evidence tending to sustain it. Id.—Acts Done in Presence of Defendant—Conspiracy.—In a prosecution for larceny, evidence as to acts of another person, committed in the presence of the defendant, and showing a connection between them, are admissible,.although no conspiracy between them to steal has been shown.