People v. Shepardson
California Supreme Court
Appeal from the County Court of Tehama County. The defendant and William Fugit and Z. Calmeye were charged in one count of the indictment with the crime of highway robbery, and in. another count they were charged as accessories. He demurred to the indictment, on the ground that it charged the same offense in more than one form. The demurrer was overruled.
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Appeal from the County Court of Tehama County. The defendant and William Fugit and Z. Calmeye were charged in one count of the indictment with the crime of highway robbery, and in. another count they were charged as accessories. He demurred to the indictment, on the ground that it charged the same offense in more than one form. The demurrer was overruled. On the 26th day of September, 1871, four men armed with rifles, stopped the stage which carried the express, at Cottonwood Hill, in the county of Shasta, and robbed Wells, Fargo & Co.’s treasure-boxes. The testimony for the prosecution…
1Opinion of the Court
By the Court:
1. The indictment first charges the defendants as principals, and, in a second count, as accéssories, or rather as principals in the second degree. We see no objection to the indictment on this ground, under section nine hundred and fifty-four of the Penal Code. We think that that section, while changing' the phraseology, did not alter the substance óf section two hundred and forty-one of the Criminal Practice Act, which it supplanted.
2. But the judgment against the defendant is erroneous, because of the fifteenth instruction, in which the jury were told that, if the prisoner…
2Cited by4 opinions
- Davis v. Superior CourtCalifornia Court of Appeal · 1959
- Street v. StateCourt of Criminal Appeals of Texas · 1898
- People v. EnriquezCalifornia Court of Appeal · 1940
- Dent v. StateCourt of Criminal Appeals of Texas · 1901