People v. Ah Sam

Citations

• 41 Cal. 645
• 1871 Cal. LEXIS 151

Syllabus

<p>Indictment fob Possessing Unfinished Ponged Bank Bills—Two Descbiptions of Same Offense.—In a criminal case, under the seventy-sixth section of the Act concerning crimes and punishments, the indictment in one count charged the defendant with having in his possession “five hundred certain false, forged, and counterfeit blank and unfinished bank bills, each made in the form and similitude of a bill for the payment of money made to be issued by * * ® the Chartered Bank of India, Australia, and China, a foreign corporation then lawfully organized and incorporated under the laws of the United Kingdom of Great Britain and Ireland,” doing business at Hongkong, with intent to procure the bills to be finished in order to utter them as genuine bills, and defraud the said bank. In a second count, which was preceded by a statement that the offense charged therein was the same as that described in the first count, it charged that the bills were in the form and similitude of bills for the payment of property. Held, that it was but a different description of the same offense, and that there was nothing repugnant in saying that the unfinished bills have the form and similitude of those which have been finished.</p> <p>Motion Defined, and How Made.—A motion is an application for a rule or order made viva voce to a Court or Judge. Making out and filing a written application for such rule or order is not sufficient. The attention of the Court must be called to it, and the Court moved to grant it.</p> <p>Motion fob New Tbial.—A motion for a new trial must be made viva voce, and, if desired, the grounds of the motion and the rulings of the Court thereon may be embodied in a bill of exceptions, and can be reviewed by the Supreme Court in no other way.</p> <p>Change as to Incobpobation in Indictment fob Possessing Countebfeit Notes.—In an indictment for possessing counterfeit notes with intent to utter them,-if the legal existence of the corporation be not made an issue, it is not nece