Tilley

People v. Tilley

Good Law
135 Cal. 61·1901 Cal. LEXIS 640·67 P. 42
Supreme Court of CaliforniaDecember 12, 1901Crim. No. 770.California1,439 words

Opinion

Lead Opinion

Smith, J.

The defendant was accused, by information, “of the crime of receiving stolen property, committed” as stated in the information, which, with necessary additions, follows the language of the statute. (Pen. Code, sec. 496.) The verdict of the jury was: “We, the jury in the above-entitled case, find the defendant, Chas. H. Tilley, guilty of receiving stolen property,” which was received and recorded, and judgment of conviction entered.

It is urged on behalf of the appellant that neither the information nor the verdict is sufficient to sustain the judgment, and that the court erred in denying the defendant’s motion to be discharged after the verdict was received and recorded. The first point, we think, is untenable. The information follows the language of the statute, which is sufficient. The last point is well taken, if the verdict be in fact insufficient. (People v. Arnett, 129 Cal. 306 .) The only point to be considered, therefore, is as to the sufficiency of the verdict.

We do not regard this as a special verdict. It was evidently intended as a general verdict; and the question is as to its sufficiency as such. In considering this, it is to be borne in mind that the verdict is to…

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