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People v. Quvise

Supreme Court of California
Jul 1, 1880
56 Cal. 396 (Cal. 1880)

Opinion

         Department One

         Appeal from a judgment of conviction, in the Superior Court of the County of Stanislaus.

         The information charges the defendant in one count with the larceny of a horse, saddle, and bridle, the property of J. Luke, and then proceeds as follows:

         And the said District Attorney, by way of setting forth the same offense in a different form, says, that at the said County and State, on the said 24th day of November, 1879, said M. Quvise did procure of the said J. Luke the loan of said horse, saddle, and bridle for a specified purpose, to wit, for the purpose of riding the said horse, saddle, and bridle from the residence of the said J. Luke, in said county, to Hill's Ferry, in the same county, and return; and having procured the loan of said horse, saddle, and bridle for said purpose, and having in said manner become the bailee of said horse, saddle, and bridle, the said M. Quvise did, at the said county of Stanislaus, State of California, on or about the 26th day of November, 1879, feloniously and fraudulently convert the same to his own use, contrary, etc.

         COUNSEL:

         Johnson & Hays, for Appellant.

          The Attorney-General, for Respondent.


         OPINION          THE COURT

         Two separate and distinct offenses were charged in the information. The demurrer on that ground should have been allowed.

         Judgment reversed, and cause remanded, with direction to the Court below to sustain the demurrer.


Summaries of

People v. Quvise

Supreme Court of California
Jul 1, 1880
56 Cal. 396 (Cal. 1880)
Case details for

People v. Quvise

Case Details

Full title:PEOPLE v. M. QUVISE

Court:Supreme Court of California

Date published: Jul 1, 1880

Citations

56 Cal. 396 (Cal. 1880)

Citing Cases

People v. Clement

That two distinct offenses are charged in the information has been decided by this court in at least two…