People v. St. Clair
California Supreme Court
Appeal from a judgment of conviction, and an order denying a new trial and refusing to arrest judgment, in the Superior Court of San Joaquin County. Buckley, J. After the decision in Department, the respondent filed a petition that the appeal be reheard in Bank, and the application was denied.
1Opinion of the Court
By the Count :
The indictment charges an entry into a stable with intent to commit “larcey.” Burglary is the entering of a house, etc., “ with intent to commit grand or petit larceny, or any felony.” (Pen. Code, § 459.) There is no such felony as “ larcey ” known to our "law. “Larcey ” is certainly not “larceny,” nor does the maxim, idem sonans, apply.
It is said that the Court must give judgment without regard to the technical errors or defects, or to exceptions which do not affect the substantial rights of the parties. (Pen. Code, § 1258.) But this is more than a departure from an established…
2Cited by9 opinions
- People v. BradyCalifornia Supreme Court · 1901
- People v. BrownCalifornia Supreme Court · 1988
- People v. EganCalifornia Court of Appeal · 1928
- Commonwealth, Aplt. v. Taylor, N.Supreme Court of Pennsylvania · 2024
- People v. BrownCalifornia Supreme Court · 1988
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