People v. Frank
California Supreme Court
Appeal' from the County Court, City and County of San "Francisco. The indictment charged that the defendant, on the 17tlj day of August, 1864, had in his possession a draft, the tenor of which was as follows: “ Utah Mining Company, > “Aurora, N. T., August 10th, 1864. > “ Ten days after sight, pay to the order of H. Bloomingdale & Co., in United States gold coin, seven hundred and fifty dollars, value received, and charge the same as advised. “ F. J. Baum, .Sup’t.
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Appeal' from the County Court, City and County of San "Francisco. The indictment charged that the defendant, on the 17tlj day of August, 1864, had in his possession a draft, the tenor of which was as follows: “ Utah Mining Company, > “Aurora, N. T., August 10th, 1864. > “ Ten days after sight, pay to the order of H. Bloomingdale & Co., in United States gold coin, seven hundred and fifty dollars, value received, and charge the same as advised. “ F. J. Baum, .Sup’t. “ To Edward Conner, Esq., “ Sec’y Utah Mining Company, San Francisco.” And that he'feloniously made, forged, and counterfeited,…
1Opinion of the Court
By the Court,
Sanderson, C. J.
I. The indictment is good, whether it be regarded as containing two counts or but one. Where, in defining an offense, a statute enumerates a series of acts, either ef which separately, or all together, may constitute the offense, all such acts may be charged in a single count, for the reason, that notwithstanding each act may by itself constitute the offense, all of them together do no more, and likewise constitute but one and the same offense. To illustrate our meaning, take the statute against forgery, under which the indictment in this case was found, where we…
2Cases cited6 opinions
- United States v. AmedySupreme Court of the United States · 1826
- People v. ShotwellCalifornia Supreme Court · 1865
- Spring Valley Water Works v. San FranciscoCalifornia Supreme Court · 1863
- Kidd v. LairdCalifornia Supreme Court · 1860
- Champlin v. RowleyNew York Supreme Court · 1837
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