People v. Vice
California Supreme Court
Appeal from the Court of Sessions of El Dorado County. The defendant, Vice, was indicted jointly with one Benthusen for robbery, and was tried separately and convicted..
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Appeal from the Court of Sessions of El Dorado County. The defendant, Vice, was indicted jointly with one Benthusen for robbery, and was tried separately and convicted.. The indictment charges that the defendants, at a certain time and place, “ did violently and feloniously take money of the following description and value, to wit: three twenty dollar gold pieces, one five dollar gold piece, one two and one-half dollar gold piece, and three half dollars of silver coin, all of said pieces being of the coin of the United States of America, and of the value altogether of sixty-nine dollars, from…
1Opinion of the CourtField, C. J.
Cope, J. concurring.
t The indictment in this case is for the offense of robbery, but in the statement of facts constituting the offense there is a fatal defect. The statement contains no allegation as to the ownership of the property of which the party named was robbed, or that it did not belong to the defendant. It is not necessary that the property should belong to the party from whose possession it was forcibly taken. It is requisite, however, that it should belong to some other person than the defendant. The owner of property is not guilty of robbery in taking it from the person of the…
2Cited by30 opinions
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