People v. Thompson
California Supreme Court
Appeal from the County Court, Sacramento County. The defendant was indicted under the Act of the 27th of February, 1864, (Statutes of 1863-4, p. 104,) against breaking and entering, or wilfully and maliciously entering without breaking, in the daytime, any dwelling house, etc., with intent to steal or to commit any felony whatever therein. The indictment contains two counts.
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Appeal from the County Court, Sacramento County. The defendant was indicted under the Act of the 27th of February, 1864, (Statutes of 1863-4, p. 104,) against breaking and entering, or wilfully and maliciously entering without breaking, in the daytime, any dwelling house, etc., with intent to steal or to commit any felony whatever therein. The indictment contains two counts. The first count charges him with feloniously entering, on the 21st day of July, 1864, in the daytime of that day, at, etc., a certain dwelling house, to wit: the hotel known as the Crescent City Hotel of one John McRaith,…
1Opinion of the Court
By the Court,
Sanderson, C. J.
Under our practice an indictment must not charge more than one offense, but it may set forth that offense in different forms under different counts. (Grim. Prac. Act, Sec. 241.) But this must be done in such a way as to show clearly upon the face.of the indictment that the matters and things set forth in the different counts are descriptive of one and the same transaction. The object of allowing different counts is to provide against fatal variances 'between the material parts of the indictment and the proofs brought forward in their support. Where a material fact…
2Cases cited4 opinions
- Mott v. SmithCalifornia Supreme Court · 1860
- Carleton v. TownsendCalifornia Supreme Court · 1865
- Thompson v. ManrowCalifornia Supreme Court · 1851
- People v. MurrayCalifornia Supreme Court · 1857
3Cited by17 opinions
- Sturgis v. StateCourt of Criminal Appeals of Oklahoma · 1909
- People v. Ah SamCalifornia Supreme Court · 1871
- Garwood v. GarwoodCalifornia Supreme Court · 1866
- People v. JaillesCalifornia Supreme Court · 1905
- State v. ChapmanNevada Supreme Court · 1871
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