People v. Weir
California Court of Appeal
APPEAL from a judgment of the Superior Court of Fresno County, and from an order denying a new trial. H. Z. Austin, Judge. The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
In charging the commission of the felony deined by section 476a of the Penal Code, it is not essential to a statement of the facts constituting such offense that the information should allege that the check drawn by the person charged with the offense was presented to the bank. Such in effect was the ruling in the case of People v. Mohr, 157 Cal. 732, [109 Pac. 476]. It follows logically that if such fact was not required to be pleaded against the defendant, it was not necessary to be established against him in order to secure and sustain his conviction.
The criminal intent of the…
2Cases cited2 opinions
- People v. KingCalifornia Court of Appeal · 1913
- People v. MohrCalifornia Supreme Court · 1910
3Cited by17 opinions
- People v. CoefieldCalifornia Supreme Court · 1951
- State v. DaymusArizona Supreme Court · 1961
- State v. SedamIdaho Supreme Court · 1940
- State v. CampbellIdaho Supreme Court · 1950
- People v. DarnellCalifornia Court of Appeal · 1950
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