Palumbo

People v. Palumbo

Good Law
127 Cal. App. 703·1932 Cal. App. LEXIS 330·16 P.2d 316
Court of Appeal of CaliforniaNovember 28, 1932Docket No. 2248.California996 words

Opinion

Lead Opinion

Conrey, J.

By the first- count of the information appellants were charged with the crime of robbery, committed on the third day of February, 1932. By the second count they were charged with grand larceny committed on said third day of February, by stealing an automobile. They were tried together and were convicted on both counts. They present separate appeals from the judgments and from the orders denying their motions for a new trial.

It is contended by appellants that the two offenses were improperly joined in the same information, the alleged crimes being not connected together in their commission and not being of the same class of crimes. For this reason it is argued that they did not come within the provisions of section 954 of the Penal Code, which defines the cases in which two or more different offenses may be included in one information. Even if the point might have been meritorious if properly reserved in the record, it cannot be considered on the record now before us. A defendant may demur to an indictment or information, when it appears upon the face thereof: “that more than one offense is charged, except as provided in section nine hundred and fifty-four”. (Pen. Code, sec.…

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