People v. Ah Own

Citations

• 39 Cal. 604
• 1870 Cal. LEXIS 112

Syllabus

<p>Criminal Practice.—Effect of an Order Sustaining a Demurrer to an Indictment. — An order sustaining a demurrer to an indictment is a final judgment in the case, from which an appeal will lie. Wallace, J., and Rhodes, O. J., dissenting.</p> <p>Criminal Pleading. — When the offense charged consists of one transaction occurring partly in one county and partly in another, the indictment should state tho facts, so as to bring the case within the statute.</p> <p>Idem. — When an indictment charges an assault and battery only as a part of or mode of executing a forcible arrest and abduction, it is not subject to the objection that it contains two separate and distinct offenses.</p> <p>Per Wallace, J., Rhodes, O. J., concurring:</p> <p>Criminal Practice. — Order Sustaining a Demurrer to an Indictment.—The mere entry of the order sustaining the demurrer to the indictment does not, of itself, constitute a final judgment of the County Court in the sense pf Section 481 of tlio Criminal Practice Act.</p>