People v. Harrold
California Supreme Court
Appeal from a judgment of the Superior Court of San Diego County. The defendant was indicted for forgery. The state appeals from the judgment sustaining the demurrer.
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Appeal from a judgment of the Superior Court of San Diego County. The defendant was indicted for forgery. The state appeals from the judgment sustaining the demurrer. The indictment is as follows: — “ M. Carey Harrold is accused by the grand jury of the county of San Diego, by this indictment, of the crime of forgery, committed as follows: The said M. Carey Harrold, on the first day of May, A. D. 1888, at the said county of San Diego, did, with intent to defraud one W. T. Cottier, falsely make, alter, forge, and counterfeit a certain bill of sale and writing obligatory, said instrument being…
1Opinion of the CourtFox, J.
In People v. Frank, 28 Cal. 513, it was held that “ where a statute enumerates a series of acts, either *569of which separately, or all together, may constitute the offense, all of such acts may be charged in a single count, for the reason that, notwithstanding each act may, by itself, constitute the offense, all of them together do no more, and likewise constitute but one and the same offense.” To the same effect is People v. De la Guerra, 31 Cal. 459, and People v. Tyler, 35 Cal. 553.
It follows that the allegation in this indictment of each one of the series of acts named in the statute, either…
2Cases cited6 opinions
- People v. HenryCalifornia Supreme Court · 1888
- People v. DunnCalifornia Supreme Court · 1889
- In re AckermanCalifornia Supreme Court · 1889
- People v. TylerCalifornia Supreme Court · 1868
- People v. LewisCalifornia Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- In Re HorowitzCalifornia Supreme Court · 1949
- People v. NederCalifornia Court of Appeal · 1971
- People v. ClemettCalifornia Supreme Court · 1929
- People v. McClennegenCalifornia Supreme Court · 1925
- People v. LeyshonCalifornia Supreme Court · 1895
25 more not listed; retrieve them via the Exa API.