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People v. Brown

105 Cal. 66, 38 P. 518 (Cal. 1894) (en banc)

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People v. Brown

California Supreme Court

105 Cal. 66, 38 P. 518 (Cal. 1894) (en banc)

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Facts

Seventeen-year-old Brown (defendant) entered an acquaintance’s house and took a bicycle with the intent to temporarily keep it. Brown was charged with burglary with the intent to commit larceny. At trial, Brown testified that he intended only to hold onto the bicycle for a short time to get even with a boy who was throwing oranges at him and would not stop. The trial judge gave the jury an instruction that the crime of larceny occurs regardless of how long Brown intended to keep the bicycle. Brown was convicted of burglary and he appealed.

Rule of Law

Issue

Holding and Reasoning (Garoutte, J.)

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