People v. Mackinley

California Supreme Court Jul 1, 1858Published

Before: Burnett, Field, Terry

AI Brief

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Holding. The court held that an indictment for the conversion of a quit-claim deed by a bailee is legally insufficient when the deed was executed to the defendant, as the defendant cannot steal their own property.

Issues

Whether a defendant can be indicted for the conversion of a quit-claim deed that was executed to them by the grantor.

Disposition. Reversed and remanded.

Synopsis

A party cannot be convicted of larceny for taking his own property.

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-[251]bury to Maokinley, was the property of the latter, and could not he stolen by him.

Judgment reversed, and cause remanded.

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AI Brief

AI-generated · verify before citing

Holding. The court held that an indictment for the conversion of a quit-claim deed by a bailee is legally insufficient when the deed was executed to the defendant, as the defendant cannot steal their own property.

Issues

Whether a defendant can be indicted for the conversion of a quit-claim deed that was executed to them by the grantor.

Disposition. Reversed and remanded.