16 Cal. 369 | Cal. | 1860
Field, C. J. and Cope, J. concurring.
In this case, the defendant was convicted of larceny, the offense charged being the felonious taking of a wagon and team. It was
It is not necessary to go into this matter, for it is clear that the defendant was entitled to offer any legal proof showing the intent or conducing to show the intent with which he took the property, or showing whose property it was, or the general or particular title to it; and this proffered evidence did have that tendency. Its sufficiency is a question for the jury. We do not see why the jury in the Court of Sessions could not as well try the question of fact, whether this indebtedness has been paid, as a jury of the District Court.
For this error, the judgment must be reversed, and the cause remanded.
Let the remittitur issue immediately.