People v. Shaber
California Supreme Court
Appeal from the County Court, City and County of San Francisco. The indictment charged that the defendant, “ on the twelfth day of August, A. D. 1866, at the city, county, and State aforesaid, about the hour of twelve of the clock, m., of the nighttime of the same day, with force and arms, the house, room, apartment, and tenement of one Jacob Gr.
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Appeal from the County Court, City and County of San Francisco. The indictment charged that the defendant, “ on the twelfth day of August, A. D. 1866, at the city, county, and State aforesaid, about the hour of twelve of the clock, m., of the nighttime of the same day, with force and arms, the house, room, apartment, and tenement of one Jacob Gr. Jackson and William E. Wood, doing business under the name and style of J. G-. Jackson & Co., then situate, feloniously and burglariously did break and enter with intent then in said house, room, apartment, and tenement, to commit larceny, contrary…
1Opinion of the Court
By the Court, Shafter, J.:
The appellant was indicted for feloniously and burglariously breaking and entering in the nighttime a certain house (describing it) “ with intent to commit larceny.” On conviction, the defendant moved in arrest of judgment on the ground that the indictment did not state whose property the defendant intended to steal, nor that he intended to feloniously steal, take and carry away any property then being in the house entered.
The indictment charges the offense in the very terms used in defining it in the fifty-eighth section of the Crimes Act, as amended in 1858, (Acts…
2Cases cited5 opinions
- People v. KingCalifornia Supreme Court · 1865
- People v. MurrayCalifornia Supreme Court · 1858
- People v. ParsonsCalifornia Supreme Court · 1856
- People v. SaviersCalifornia Supreme Court · 1859
- People v. OliveraCalifornia Supreme Court · 1857
3Cited by21 opinions
- People v. MontoyaCalifornia Supreme Court · 1994
- People v. McFarlaneCalifornia Supreme Court · 1903
- People v. WardCalifornia Supreme Court · 1895
- People v. StewartCalifornia Court of Appeal · 1952
- Barnhart v. StateIndiana Supreme Court · 1900
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