Hyperlawhypertext legal databasebeta People v. Mackinley 9 Cal. 250

← Cases

People v. Mackinley

9 Cal. 250 Court Cal. English

Delivered by Burnett, J., delivered the opinion of the Court—Terry, C. J., and Field, J., concurring.

Contents

Majority

p. 250
PEOPLE v. MACKINLEY.

Headnote

A party cannot be convicted of larceny for taking his own property.
Appeal from the Court of Sessions of the County of San Francisco.
Janes, Lake & Boyd, and Yale, for Appellant.
Thomas H. Williams, Attorney-General, for Respondent.

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-

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

Judgment reversed, and cause remanded.