People v. Riley
California Supreme Court
Appeal from a judgment of the Superior Court of San Bernardino County, and from an order refusing a new trial. The defendant was prosecuted and convicted of robbery. On the trial, the prosecution offered in evidence the deposition of the prosecuting witness, taken on the preliminary examination, which showed that the offense had been committed by a person of the same name as the defendant.
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Appeal from a judgment of the Superior Court of San Bernardino County, and from an order refusing a new trial. The defendant was prosecuted and convicted of robbery. On the trial, the prosecution offered in evidence the deposition of the prosecuting witness, taken on the preliminary examination, which showed that the offense had been committed by a person of the same name as the defendant. In instructing the jury, the court charged them that identity of person is presumed from identity of name. The further facts are stated in the opinion of the court.
1Opinion of the CourtMcKinstby, J.
The defendant was convicted of robbery in San Bernardino County, and has appealed from the judgment, and from an order denying a new trial.
It is contended the motion in arrest of judgment should have been granted, because the information does not aver that the one hundred and sixty dollars, lawful money of the United States, “ said money being then and there the property of one Christian Meyer,” was “ personal ” property. The point is hot well taken.
The information charges that the defendants, on a day named, etc., did “unlawfully, willfully, and feloniously, and by means of fraud and force,…
2Cases cited2 opinions
- People v. MorineCalifornia Supreme Court · 1880
- People v. GannonCalifornia Supreme Court · 1882
3Cited by15 opinions
- B.W.L. Sam v. StateArizona Supreme Court · 1928
- State v. AimeUtah Supreme Court · 1923
- Wilson v. StateIndiana Supreme Court · 1911
- State v. MasseySupreme Court of Missouri · 1918
- People v. NunleyCalifornia Supreme Court · 1904
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