People v. Bogart
California Supreme Court
Appeal from the County Court of Sonoma County The indictment charged the defendant with having stolen sundry gold coins, lawful money of the United States, of the aggregate value of three hundred and fifty dollars, and averred that the Grand Jury could not give a more particular description, as they had no means of knowledge.
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Appeal from the County Court of Sonoma County The indictment charged the defendant with having stolen sundry gold coins, lawful money of the United States, of the aggregate value of three hundred and fifty dollars, and averred that the Grand Jury could not give a more particular description, as they had no means of knowledge. It also charged that t,he gold coins were the property of “Wells, Fargo & Co.,” without giving the names of the members of the firm, or averring that “Wells, Fargo & Co.” was a partnership or a corporation. On the trial it appeared that the defendant was the driver of…
1Opinion of the Court
By the Court, Sanderson, J.
The general rule undoubtedly is, that the stolen property, if money, should be described as so many pieces of current gold or silver coin, specifying the species of coin; but, if the species of coin be unknown to the Grand Jury, they may so state, in lieu of such specification. In "this respect the law does not require greater certainty than the nature of the ease affords. Accordingly, it has been held that “sundry gold coins, current as money in this Commonwealth, of the aggregate value of twenty-nine dollars, but a more particular description of which the jurors…
2Cases cited4 opinions
- People v. CroninCalifornia Supreme Court · 1867
- People v. TaylorNew York Supreme Court · 1846
- People v. SchwartzCalifornia Supreme Court · 1867
- Commonwealth v. TrimmerMassachusetts Supreme Judicial Court · 1805
3Cited by20 opinions
- People v. HenryCalifornia Supreme Court · 1888
- State v. QuackenbushSupreme Court of Minnesota · 1906
- McNamara v. StateIndiana Supreme Court · 1932
- State v. FogertySupreme Court of Iowa · 1898
- McCowan v. StateSupreme Court of Arkansas · 1893
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