People v. Ah Sing
Synopsis
Appeal from a judgment of conviction, and from an order denying a new trial, in the Superior Court of the County of Alameda. Green, J.
The portion of the charge of the Court referred to in the opinion was as follows: “ Possession of stolen property, standing alone and unsupported by other circumstances and evidence in the case tending to show guilt, is insufficient to convict; but possession of stolen property, unexplained, at a time immediately following the time when the property was stolen, supported by other circumstances and other evidence in the case tending to show guilt, is a strong circumstance tending to show guilt.”
The Court: The defendant was proceeded against by information, and convicted of the crime of burglary; and on the trial the Court below instructed the jury that the possession of stolen property, supported by other circumstances and other evidence tending to show guilt, is a strong circumstance in the case. This was error. Whether the possession was strong evidence, or only slight evidence tending to show guilt, was a matter for the jury to pass upon, and not a question for the Court to determine. -
Judgment and order reversed.
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