People v. Congleton

Citations

• 44 Cal. 92
• 1872 Cal. LEXIS 158

Syllabus

<p>Averment in Indictment.—An indictment for an assault with a deadly weapon, with intent to do bodily injury to another, may, in general terms, aver the assault to have been made “ with a deadly weapon.”</p> <p>Idem.—The weapon by name does not, in such case, become a necessary ingredient of the crime, but the nature of the weapon, as being deadly or otherwise, is alone important; and it is essential to aver it in some appropriate way to have been deadly in its character.</p> <p>Verdict for Lesser Offense than that Charged .—Where the indictment charges an assault with a deadly weapon, with intent to do murder, and the verdict finds the assault to have been made with intent to do bodily harm, the offense found is necessarily included in the charge.</p> <p>Description of Offense in Verdict.—A verdict that an assault was made with intent “to do bodily harm upon the person” of another is equivalent to a verdict that the assault was made with intent “to inflict upon the person of another a bodily injury.”</p> <p>Motion to Change Place of Triad.—An application to change the place of trial in a criminal case, is addressed to the sound discretion of the Court, and is to be disposed of in furtherance of substantial justice.</p> <p>Idem.—In an application for a change of the place of trial in a criminal case, where the affidavits set forth merely that in the belief or opinion of the affiants the prisoner could not have a fair trial owing to the popular prejudice against him, and where there was no difficulty in obtaining a jury wholly free from bias or prejudice against the prisoner, it was no abuse of the discretion of the Court to deny the motion.</p> <p>Time oe Esterina Order.—The entry of an order in a criminal case in vacation instead of term time, even if irregular, does not work any injustice.</p>