People v. Perez
California Supreme Court
Appeal from a judgment of the Superior Court of the city aud county of San Francisco. The information accused the defendant of the crime of grand larceny in feloniously stealing, taking, and carrying away certain articles specifically described, stating the value of each, which amounted in the aggregate to $630; “also, various other articles, of the value of eight hundred and ninety dollars in lawful money of the United States,”— all described as the personal property of one…
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Appeal from a judgment of the Superior Court of the city aud county of San Francisco. The information accused the defendant of the crime of grand larceny in feloniously stealing, taking, and carrying away certain articles specifically described, stating the value of each, which amounted in the aggregate to $630; “also, various other articles, of the value of eight hundred and ninety dollars in lawful money of the United States,”— all described as the personal property of one Martha Cooper. The defendant demurred to the information, and objected that the portion above quoted stated no offense,…
1Opinion of the CourtFox, J.
1. The demurrer to the information was properly overruled. All that part of it to which exception is taken may be stricken out, and it still remains a good information under the statute. The presence of the language excepted to does not prejudice the defendant, or affect the validity of the information.
2. The information is for grand larceny, and a verdict of “guilty as charged ” is a conviction of grand larceny. (People v. Whitely, 64 Cal. 211; People v. Price, 67 Cal. 350.)
3. The judgment roll showrs a full compliance with the requirements of section 1200 of the Penal Code at the time of…
2Cases cited2 opinions
- People v. PriceCalifornia Supreme Court · 1885
- People v. WhitelyCalifornia Supreme Court · 1883
3Cited by8 opinions
- People v. AgnewCalifornia Court of Appeal · 1947
- Inklebarger v. StateCourt of Criminal Appeals of Oklahoma · 1912
- People v. WademanCalifornia Court of Appeal · 1918
- People v. SachauCalifornia Court of Appeal · 1926
- Pueblo v. RiveraSupreme Court of Puerto Rico · 1904
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