People v. Smith
California Supreme Court
The facts are stated in the information.
1Opinion of the CourtHenshaw, J.
The defendant was charged in the information with having committed a burglary in the nighttime. The jury returned a verdict finding the defendant guilty of burglary in the second degree, which necessarily implies an entry in the daytime. Judgment upon the defendant was pronounced in accordance with this verdict, and he appeals.
The defendant was convicted of a crime not embraced within the information. The verdict, therefore, is a nullity, the judgment upon which it is based cannot stand, and defendant must be discharged from prosecution for the crime alleged in the information. (People v.…
2Cases cited6 opinions
- People v. JeffersonCalifornia Supreme Court · 1877
- People v. BarnhartCalifornia Supreme Court · 1881
- State v. AlexanderSupreme Court of Missouri · 1874
- State v. BeheeSupreme Court of Kansas · 1877
- Williams v. StateSupreme Court of Georgia · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- In Re HessCalifornia Supreme Court · 1955
- People v. ThomasCalifornia Supreme Court · 1987
- People v. EganCalifornia Court of Appeal · 1926
- People v. TongCalifornia Supreme Court · 1909
- People v. NunezCalifornia Court of Appeal · 1970
14 more not listed; retrieve them via the Exa API.