Howard

People v. Howard

Good Law
1906 Cal. App. LEXIS 224·3 Cal. App. 36·84 P. 462
Court of Appeal of CaliforniaFebruary 7, 1906Crim. No. 23.California611 words

Opinion

Lead Opinion

Cooper, J.

Defendant appeals from a judgment convicting him of the crime of robbery, and from an order denying his motion for a new trial.

The first point relied on is the claim that the information is defective and does not state facts sufficient to constitute a public offense, and that the court erred in overruling the defendant’s demurrer thereto. The information, omitting the formal parts, alleges that the defendant did “unlawfully and feloniously, and by means of force and fear, take from the person, possession, and immediate presence of one William Little the sum of $20.75, in lawful money of the United States of America, then and there the personal property of said William Little. ’ ’ This is substantially in the language of the statute defining the crime. It also states, in addition to the language contained in the definition, that the $20.75 was the personal property of William Little. It is not necessary that an information, in such case, should state that an assault was made, nor the kind of fear that was produced upon the party robbed. That the information in this case is sufficient, see People v. Riley, 75 Cal. 98 , [ 16 Pac. 544 ]; People v. Ah Sing, 95 Cal. 654 , [ 30 Pac.…

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