People v. Bryon

Citations

• 103 Cal. 675
• 37 P. 754
• 1894 Cal. LEXIS 844

Syllabus

<p>Criminal Law—Compounding Felony—Information—Knowledge of “Actual” Commission of Crime.—Under section 153 of the Penal Code, knowledge of the actual commission of a crime and the taking of money or property of another, upon agreement or understanding to compound or conceal such crime, are the facts necessary to constitute an offense; but there can be no knowledge of the commission of the crime unless it was actually committed, and an information charging that the crime of grand larceny was committed, and stating by whom, when, where, and how it was committed, and that the defendant, “ having knowledge of the commission of said crime,” took money from the person who committed it, upon the agreement and understanding that he would compound and conceal the same, sufficiently states a public offense, and the omission of the word “actual” is immaterial, and does not tend to the prejudice of a substantial right of the defendant.</p> <p>Id.—Failure to Demur to Objections—Waiver of Objections.-—Where no demurrer to an information is interposed, all objections thereto, except that the facts stated do not constitute a public offense, are waived.</p>