People v. Crowley

Citations

• 100 Cal. 478
• 35 P. 84
• 1893 Cal. LEXIS 821

Syllabus

<p>Criminal Law—Attempt to Commit Burglary—Intent—Larceny— Robbery—Instruction. —Upon the trial of a defendant charged -with the crime of an attempt to commit burglary in that he feloniously entered a house with intent to commit larceny, it is not error for the court to refuse to give an instruction to the jury requested by the defendant, to the effect that if he attempted to enter the house forcibly with the intention of forcibly taking personal property from the immediate presence or possession of the occupant and against his will, and by means of force or fear, he ¡could not be convicted of the crime charged. If the defendant had the intent to commit robbery, that intent included all the elements of an intent to commit larceny.</p> <p>Id.—Cross-examination or Defendant—Impeachment—Conviction of Felony.—A defendant in a criminal action who offers himself as a witness may be asked on cross-examination, for the purpose of impeaching him, if he bad not been previously convicted of a felony, and the fact that the information charges such previous conviction, which the defendant, by his plea, confesses, does not render the cross-examination improper.</p> <p>Id.—Review of Evidence—Specification of Insufficiency.—Although it is not necessary for the appellant in a criminal proceeding to state the particulars in which the evidence is insufficient to sustain the verdict, yet it must appear somewhere in the record that the point of the insufficiency of the evidence was made in the court below in order to entitle the appellant to raise the point upon appeal.</p> <p>Id.—Judgment Roll—Notice of Motion for New Trial.—A notice of motion for a new trial is no part of the judgment-roll, and can he made part of the record only by a hill of exceptions.</p>