People v. Delany
California Supreme Court
Appeal from the Municipal Criminal Court of the City and County of San Francisco. The indictment charged the defendant with petit larceny committed on the 20th day of December, 1873, and charged also four previous convictions for petit larceny in the Police Judge’s Court of the City and County of San Francisco. On the 4th day of March, 1874, the defendant plead guilty.
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Appeal from the Municipal Criminal Court of the City and County of San Francisco. The indictment charged the defendant with petit larceny committed on the 20th day of December, 1873, and charged also four previous convictions for petit larceny in the Police Judge’s Court of the City and County of San Francisco. On the 4th day of March, 1874, the defendant plead guilty. On the 6th day of March, when the defendant was called up for sentence, she asked the Court to be sentenced for petit larceny. The Court denied the request, and adjudged her guilty of a felony, and sentenced her to the State…
1Opinion of the Court
By the Court, McKinstry, J.:
The question herein considered arose in the Court below before the adoption of the last amendments of the Penal Code.
The indictment charges the defendant with stealing goods of the value of twenty dollars, after having been convicted of petit larcenies. The particular circumstances of the offense are stated, and consist of the prior convictions and of the facts constituting the last larceny. (Penal Code, 952.) These circumustances subject the defendant to imprisonment in the State prison, and constitute a felony. (Penal C. 17, 667-3.)
The defendant pleaded “guilty…
2Cited by18 opinions
- In Re McVickersCalifornia Supreme Court · 1946
- People v. HickmanCalifornia Supreme Court · 1928
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Brozosky v. StateWisconsin Supreme Court · 1928
- State v. DaleWashington Supreme Court · 1920
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