Ammerman

Defendant was informed against for the crime of robbery by forcibly taking from the person of one Bichard Johnson thirty-eight dollars, lawful money of the United States, and was convicted and sentenced to three years’ imprisonment. Defendant pleaded former acquittal, once in jeopardy and not guilty.

An information against defendant for the crime of robbery involving the same transaction had previously been filed, and under it defendant was arraigned and pleaded not guilty; a jury was impaneled, the information was read and the plea stated. After the jury was sworn, and before any evidence was offered, upon motion of the district attorney the information was dismissed and the defendant discharged. The ground for the motion was that the information did not allege the ownership of the property stolen, which was in fact true.

1. The first point made by defendant is that the court erred in instructing the jury to find for the people upon the plea of former acquittal and once in jeopardy.

The information was substantially the same as was the indictment in People v. Vice, 21 Cal. 344 . It was there said: “The indictment in this case is for the offense of robbery, but in the statement…