Breshi

People v. Breshi

Good Law
1919 Cal. App. LEXIS 632·44 Cal. App. 307·186 P. 361
Court of Appeal of CaliforniaNovember 17, 1919Crim. No. 479.California1,766 words

Opinion

Lead Opinion

Ellison, J.

pro tern.—The defendants above named were jointly charged by information filed by the district attorney of Placer County, state of California, of the crime of robbery, alleged to have been committed upon one Henry Wortell, by taking from his person by means of force and intimidation the sum of $185, lawful money of the United States.

To this information the defendant Dino Breshi pleaded guilty and was sentenced to imprisonment in the state prison.

The defendants Thomas Littlejohn and Joe Caneva pleaded guilty to the offense of an attempt to commit robbery, which plea was accepted by the court, and they, too, were sentenced to a term in the state prison.

The defendants Littlejohn and Caneva appeal from the judgment and for reversal claim:

1. That they have never been examined and committed for the crime of an attempt to commit robbery, and, therefore, that the plea of guilty to such an offense is a nullity; 2. That the proceedings in the justice court at the preliminary examination were illegal, because, as claimed, the defendants were not properly arraigned and sufficiently informed of their rights, and upon this ground in the superior court a motion was made in arrest of…

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