29 Cal. 658 | Cal. | 1866
The only question presented by the bill of exceptions in this case relates to the admission and exhibition as evidence to the jury of certain burglarious tools which were found in the defendant’s carpet bag at the time of his arrest.
Burglarious tools found in the possession of the defendant soon after the commission of the offense may be offered in evidence whenever they constitute a link in the chain of circumstances which tend to connect the defendant with the commission of the particular burglary charged in the indictment. But before they can be received it must be shown that the burglary charged was in fact committed. When this has been done nothing remains but to ascertain who was the guilty party; or in other words to connect the defendant with the burglary thus established. It rarely happens that this can be
In the present case the record fails to show satisfactorily by what means the entry into the house of the prosecutor was effected. The record seems to have been made upon the theory that the rule was universal that the possession of burglarious tools may be shown in every prosecution for burglary or that it cannot, and that the competency of such evidence
Judgment affirmed.