City of San Francisco v. Randall

Citations

• 54 Cal. 408

Syllabus

<p>Criminal Law—Complaint—Embezzlement.—A complaint alleging that the defendant was president and manager of a corporation, and as such manager had under his control securities of a specified value, held by the corporation as pledges—the names of the owners of the securities being unknown to tho deponent—and that the said defendant did willfully, unlawfully, and feloniously embezzle and convert the securities to his own use, contrary to the execution of his trust, is in substantial compliance with § 1426 of tho Penal Code.</p> <p>Id.—Name—Misnomer.—The addition, “Jr.,” is no part of a name proper; and where it does not appear that there were two persons of the name, or that the party was misled, its insertion in a criminal complaint is immaterial.</p> <p>Id.—Bail Bond.—A bail bond in the form prescribed by the Penal Code, § 1278, conditioned that the defendant “will appear and answer the charge in whatever court it may be prosecuted,” applies to the bond to be given for appearance before a magistrate for examination.</p> <p>Id.—Id.—Estoppel.—The recital, in the bail bond, of the order admitting the defendant to bail, and of the amount of bail, is conclusive upon the obligors.</p> <p>Id.—Id.—An oral order of the Police Judge from the bench, upon the giving of the bond, that the prisoner be released, certified by the Clerk to the keeper of the prison, and followed by tho release of the prisoner, is a sufficient compliance with the Penal Code, § 1281, and renders the bond obligatory.</p>