Harrold

People v. Harrold

Good Law
1890 Cal. LEXIS 843·84 Cal. 567·24 P. 106
Supreme Court of CaliforniaJune 16, 1890No. 20638California446 words

Opinion

Lead Opinion

Fox, J.

In People v. Frank, 28 Cal. 513 , it was held that “ where a statute enumerates a series of acts, either *569 of which separately, or all together, may constitute the offense, all of such acts may be charged in a single count, for the reason that, notwithstanding each act may, by itself, constitute the offense, all of them together do no more, and likewise constitute but one and the same offense.” To the same effect is People v. De la Guerra, 31 Cal. 459 , and People v. Tyler, 35 Cal. 553 .

It follows that the allegation in this indictment of each one of the series of acts named in the statute, either one of which would constitute the crime of forgery, is not the allegation of two offenses, because all constitute but the single crime, under section 470 of the Penal Code.

But the court below probably held that the indictment charged two offenses, because, in the latter part thereof, the pleader charges the defendant with having offered “the said instrument for record at the office of the county recorder of the county and state aforesaid, and then and there causing the same to be recorded as a record in said office.”

The instrument purports to be an assignment of an ■ interest in…

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