From Casetext: Smarter Legal Research

People v. Lewis

Supreme Court of California
Aug 30, 1882
61 Cal. 366 (Cal. 1882)

Opinion

         Appeal from a judgment of conviction, from an order denying a new trial, and from an order denying a motion in arrest of judgment, in the Superior Court of the County of Tehama. Mayhew, J.

         COUNSEL

          J. F. Ellison, for Appellant.

          A. S. Hart, Attorney General, for Respondent.


         OPINION

         In Bank. The Court:

         The defendant was convicted of the crime of burglary, and on this appeal, the first point made by him is, that the information is insufficient. The point is not well taken. The information charges the crime in the language of the statute, and is sufficient. ( Penal Code, § 459; People v. Shaber , 32 Cal. 36; People v. Martin, id. 91; People v. Cronin , 34 id. 191.)

         The objection that the evidence is insufficient to justify the verdict can not be sustained. There is no doubt from the evidence that a burglary was committed, and the circumstances proved were sufficient to justify the jury in finding the defendant guilty of the crime.

         There is nothing in the case to call for a reversal of the judgment, and the same, as well as the orders denying defendant's motion in arrest of judgment, and for a new trial, are affirmed.


Summaries of

People v. Lewis

Supreme Court of California
Aug 30, 1882
61 Cal. 366 (Cal. 1882)
Case details for

People v. Lewis

Case Details

Full title:THE PEOPLE v. BENJAMIN LEWIS

Court:Supreme Court of California

Date published: Aug 30, 1882

Citations

61 Cal. 366 (Cal. 1882)

Citing Cases

People v. Villarino

         1. The information laid against the defendant charged him with having feloniously assaulted one…

People v. Russell

         It has been frequently held by the appellate court of California that an information or indictment…