Property · MBE-tested
PEOPLE v. MACKINLEY
9 Cal. 250·Supreme Court of California·1858·CA
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Opinion
PEOPLE v. MACKINLEY.
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.
[MAJORITY — Burnett, J., delivered the opinion of the Court—Terry, C. J., and Field, J., concurring.]
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-bury to Maokinley, was the property of the latter, and could not he stolen by him.
Judgment reversed, and cause remanded.