People v. Lewis
California Supreme Court
Appeal from a judgment of the Superior Court of Sonoma County, and from an order refusing a new trial. The defendant was indicted for grand larceny, and charged with a previous conviction of a like offense. When instructing the jury the court said: “ In this case there is a charge of previous conviction, I will give you two forms of verdict, instructing you, however, as to other forms.
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Appeal from a judgment of the Superior Court of Sonoma County, and from an order refusing a new trial. The defendant was indicted for grand larceny, and charged with a previous conviction of a like offense. When instructing the jury the court said: “ In this case there is a charge of previous conviction, I will give you two forms of verdict, instructing you, however, as to other forms. If you find the defendant not guilty, this is the form of your verdict: ‘¥e, the jury, find the defendant not guilty.’ If you find him guilty you must say: ‘We, the jury, find the defendant guilty of grand…
1Opinion of the CourtThornton, J.
In this action the defendant was indicted for grand larceny, and in the indictment was charged with a previous conviction of a like offense. The defendant was arraigned and pleaded "not guilty to the offense charged in the indictment.”
The continuance was properly refused. It did not seem that the attendance of the alleged absent witness could have been procured in a reasonable time. (People v. Cleveland, 49 Cal. 580; Same v. Ah Yute, 53 Cal. 613.)
On the trial, the defendant offered to plead guilty to the charge of previous conviction. The court denied the offer. It is urged that this was…
2Cases cited4 opinions
- People v. StanleyCalifornia Supreme Court · 1873
- People v. MortierCalifornia Supreme Court · 1881
- People v. KingCalifornia Supreme Court · 1883
- People v. Ah YuteCalifornia Supreme Court · 1879
3Cited by12 opinions
- People v. GolshCalifornia Court of Appeal · 1923
- People v. WheatleyCalifornia Supreme Court · 1891
- People v. GompertzCalifornia Court of Appeal · 1951
- State v. GordonMontana Supreme Court · 1907
- State v. O'NeillMontana Supreme Court · 1926
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