People v. Ah Sing

Citations

• 95 Cal. 654
• 30 P. 796
• 1892 Cal. LEXIS 883

Syllabus

<p>Criminal Law — Robbery — Information—Possession by Person Robbed. — An information charging a defendant with the taking of property by force from the person of the prosecutor, and against his will, and that the property was his personal property, sufficiently shows the possession of the property by him, and states facts sufficient to constitute the crime of robbery.</p> <p>Id. — Particularity of Averment— Defect of- Form. — Under the provisions of the Penal Code, the particularity of averment in an information necessary at common law is not required. It is only necessary that the substantial facts constituting the crime shall be alleged with sufficient certainty to enable the court to pronounce a proper judgment and the party to defend against the charge. Any defect of form not tending to the prejudice of a substantial right of the defendant must be disregarded.</p> <p>Id. — Instruction —False Testimony — Right of Jury to Disregard Witness. — An instruction in a criminal prosecution, to the effect that if the jury should believe that any witness had sworn falsely as-to any fact in the case they were at liberty to entirely disregard the testimony of such witness, is not erroneous.</p>