# People v. Lamson

> California Supreme Court · October 13, 1934 · 1 Cal. 2d 648

URL: https://www.frixlaw.com/law-library/cases/9791026

## Case

- **Full name:** The PEOPLE, Respondent, v. DAVID LAMSON, Appellant
- **Court:** California Supreme Court
- **Decided:** October 13, 1934
- **Citations:** 1 Cal. 2d 648; 36 P.2d 361; 1934 Cal. LEXIS 427
- **Precedential status:** Published
- **Opinion:** Concurrence by Langdon
- **Judges:** Preston, Shenk, Seawell, Langdon
- **Cited by:** 24 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9791026

## Opinion text

LANGDON, J., Concurring.
I concur in the judgment of reversal, on the same ground stated in my dissent in People v. Tedesoo, 221 Cal. 211 [ 34 Pac. (2d) 467 ], filed July 2, 1934. The two cases present the same question on appeal, namely, the sufficiency of the circumstantial evidence introduced therein to sustain the judgment of conviction. In the instant case, in my opinion, the record does not conclusively establish either the guilt or the innocence of the defendant; but the law requires that the defendant’s guilt be proved beyond a reasonable doubt, and the state has failed to meet the burden thus placed upon it, notwithstanding the fact that the record shows there was no lack of painstaking and intelligent effort put forth by both the sheriff and the district attorney to do so.
I am unable to agree with the conclusion reached in the concurring opinion, that reversible error was committed in the trial of the case. In my opinion, the alleged errors in admission and rejection of evidence, and the other claimed irregularities, did not, taken separately or together, so prejudice the defendant as to amount to reversible error.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9791026. Public record. Not legal advice.