People v. Brooks

Citations

• 65 Cal. 295
• 4 P. 7
• 1884 Cal. LEXIS 528

Syllabus

<p>Criminal Law — Assault with Intent to Commit Robbery—Arraignment — Previous Conviction—Confession of Defendant.—The repeal of section 1025 of the Penal Code extinguished the right of the court to ask a defendant • in a criminal case whether he had suffered a previous conviction; but where a previous conviction is charged, and the defendant is arraigned in the mode required by section 988 of the Penal Code, and in his plea voluntarily confesses the prior conviction, it is not necessary that the jury find specially as to the charge of previous conviction. A general verdict and the voluntary confession are sufficient.</p> <p>Id. — Punishment. — A defendant found guilty of an assault with intent to commit robbery, and a prior conviction of grand larceny, may be punished by imprisonment in the State prison for any term of years not less than ten.</p>