People v. Burgess
California Supreme Court
Appeal from the County Court of Napa County; The defendant was indicted, tried, and convicted, in Napa County, of the crime of burglary.
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Appeal from the County Court of Napa County; The defendant was indicted, tried, and convicted, in Napa County, of the crime of burglary. The charging part of the indictment was as follows: “ The said Francis Burgess, in the night time, at the hour of four o’clock A. m. of the 2d day of February, A. D. 1868, * * * did, at the County of Napa aforesaid, to wit: in the Town of Napa City, in the county and State aforesaid, feloniously and burglariously, with force and arms, enter the house of J. M. Nichols, * * * with intent to commit petit larceny, by burglariously and feloniously stealing,…
1Opinion of the Court
By the Court, Sanderson, J.:
In refusing to charge the jury that the prosecution must prove that the burglary was committed at the precise hour alleged in the indictment, the Court below did not err. The *117precise hour need not be stated in the indictment; it is sufficient to allege generally that the burglary was committed in the night time, and if a particular hour is named, it is not necessary that it should be proved.
It was usual at common law to allege that the burglary was committed in the night time, at or about a certain hour, but it was not necessary that the evidence should conform…
2Cases cited4 opinions
- People v. ShotwellCalifornia Supreme Court · 1865
- Ex parte GibsonCalifornia Supreme Court · 1867
- People v. GarnettCalifornia Supreme Court · 1866
- People v. HughesCalifornia Supreme Court · 1865
3Cited by8 opinions
- Irvin v. StateSupreme Court of Florida · 1906
- Davis v. StateSupreme Judicial Court of Maine · 1973
- Thompson v. PeopleNebraska Supreme Court · 1876
- Leisenberg v. StateNebraska Supreme Court · 1900
- State v. FoxSupreme Court of Missouri · 1899
3 more not listed; retrieve them via the Exa API.