People v. Fisher
California Supreme Court
Appeal from the County Court, County of San Joaquin. The defendant was charged in the indictment with having burned a building capable of affording shelter to human beings. The jury found the defendant guilty without specifying the degree of his guilt. The defendant moved for a new trial, which was denied. He then prepared a bill of exceptions, inwhich he specified, among other reasons for granting a new trial, that the evidence was insufficient to sustain the verdict.
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Appeal from the County Court, County of San Joaquin. The defendant was charged in the indictment with having burned a building capable of affording shelter to human beings. The jury found the defendant guilty without specifying the degree of his guilt. The defendant moved for a new trial, which was denied. He then prepared a bill of exceptions, inwhich he specified, among other reasons for granting a new trial, that the evidence was insufficient to sustain the verdict. The motion for a new trial was denied, and the defendant appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court, Rhodes, J.:
The offense with which the defendant is charged by the indictment amounts only to arson in the second degree, as defined by section four hundred and fifty-four, Penal Code. When the indictment, as in this case, charges only the lowest degree of a crime, as defined by the Code, it is unnecessary for the jury to specify in the verdict the degree of the crime of which the defendant is found guilty.
The house alleged to have been burned is described as the property of one B. W. Bours. It was proven that it was his property, but that one Capurro was in possession of it…
2Cited by17 opinions
- People v. SimonCalifornia Supreme Court · 2001
- People v. MegladderyCalifornia Court of Appeal · 1940
- People v. MoranCalifornia Supreme Court · 1904
- People v. BuckleyCalifornia Supreme Court · 1897
- People v. De WintonCalifornia Supreme Court · 1896
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