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The burden rested with the People to prove every fact essential to a conviction, beyond a reasonable doubt. People v. Ribolsi, 89 Cal. Gordon, 88 Cal. In proof of the existence of a domestic corporation, a copy of its articles of incorporation, filed as required by the statutes, and certified by the Secretary of State, or by the county clerk weert the county wherein the original articles shall have been filed, must be received as prima facie evidence of the facts therein stated. Code, sec. Dole, Cal. In People v. Ah Sam, 41 Cal. It was there held that the undoubted rule in civil cases, where the fact of the legal existence craig ewert the corporation was in issue, is that proof of a foreign corporation can only be made in the same manner as any foreign law or crakg is proven, but that in a criminal case, involving crimes such as forgery of bank paper, craig ewert the existence and character of a bank is generally well known where its this web page are current, proof by reputation in such matters is not liable to lead to error.
In the absence of proof that this company was a corporation having a capital stock, the People's case was incomplete, for each count contained the allegation that it was such a corporation. Therefore, the motion for new trial should have been granted. Craig ewert remaining grounds assigned for reversal involve the giving and the refusal of instructions.
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One requested instruction which was refused contained matters expressly appearing in a given instruction to which appellant objects, and the other instructions complained of followed the allegations of the information. We find no error committed in the ewfrt or refusing of instructions, and in view of the opinion above expressed, it is unnecessary to consider craig ewert points raised.
The judgment and order denying the motion for new trial are reversed. I concur in the judgment, and, in the main, with what is said by Mr. Justice Craig; but upon the question of estoppel I wish to add the following: To determine whether the doctrine of estoppel can be invoked by the People in support of the issue respecting the corporate existence of the Southern Oregon Oil and Gas Company, it should first be ascertained, if possible, craig ewert is the underlying principle which has induced the courts to sanction the application of that doctrine in criminal cases. Unless we can discover the fundamental reason upon which rests the doctrine of estoppel craig ewert criminal cases we are without chart to guide or compass to locate the boundary which separates https://digitales.com.au/blog/wp-content/custom/a-simple-barcoding-system-has-changed-inventory/article-on-islam.php cases where that doctrine is properly applicable from those where weert is not.
CENTERPOINT LEGACY THEATER
In none of the decisions brought to my attention was any attempt made to set forth the philosophical basis or rationale ceaig the rule which sanctions the application of the doctrine of estoppel in criminal prosecutions. In many of the decisions the courts, without attempting to probe to the bottom in search for the reason upon which the rule rests, have given unquestioning assent to a dictum of Mr. Bishop, and have let it go at that. See Exparte Hedley, 31 Caig. An analysis of the criminal actions in which estoppel has been held to be applicable discloses that, as between the prosecuting witness and the accused, the craig ewert was vested with some craig ewert of private right; that this right was the result of acts of estoppel on the part of the defendant; and that violence had been done to that right by the criminal act which the accused committed against the craig ewert and dignity of the state — his act of criminality being at once both an injury to the wronged individual, furnishing the basis for more info civil liability, and an injury to the public, for which a penal liability attached.
Almost all of the criminal actions in which the doctrine of estoppel has been held applicable are cases of embezzlement. In that class of cases it has been held that in prosecutions against an agent or servant for embezzling the money or property of his principal or employer, if the accused has received the money or other thing of value in the assumed exercise of craig ewert as such agent or servant, he ewegt estopped to deny the authority when prosecuted for the embezzlement.
Treadwell, 69 Cal. Gallagher, Cal. Leonard, Cal. It also has been held in embezzlement cases that an agent who has treated his principal as the owner of the property is estopped to deny the latter's ownership State v. Whitworth, 30 Wash. Royce, Cal.]
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It is error.