People v. Arras

Citations

• 89 Cal. 223
• 26 P. 766
• 1891 Cal. LEXIS 801

Syllabus

<p>Criminal Law — Grand Larceny — Information—Ownership of Stolen Check. — An information for grand larceny charging the defendant with stealing a certain hank check drawn in favor of one P., “ which check was then and there of the value of $95.50, and was the property of said P.,” sufficiently alleges that at the time the offense was committed the check was the property of P.</p> <p>Id. — Name of Payee — Immaterial Variance. — Where the information charges the larceny of a check drawn in favor of “ one P.,” and the evidence shows that it was drawn in favor of “A. G. P. or hearer,” the variance is immaterial.</p> <p>Id. — Variance, when and when not Material. — A material variance between the proof and the information arises when an acquittal of the defendant under the information would be no bar to a further prosecution for the same offense; but where the discrepancy does not affect the validity of the information, or prejudice or affect the substantial rights of the defendant in his defense, the variance is immaterial.</p>