People v. Curtis

Citations

• 76 Cal. 57
• 17 P. 941
• 1888 Cal. LEXIS 824

Syllabus

<p>Criminal Law—Larceny not Included in Burglary.—The crime of larceny is not included in that of burglary, and under an information charging the latter offense a conviction for the former cannot be had, and a verdict to that effect is a nullity.</p> <p>Id. —Discharge of Jury without Defendant’s Consent. —Except in cases specially provided for, the discharge of the jury in a criminal case after rendering a void verdict, without the consent of the defendant, Operates as an acquittal.</p> <p>Id. —Presumption of Consent. —Where a jury is discharged after rendering a void verdict, it will be presumed, in the absence of a contrary showing in the record, that the defendant consented to the discharge.</p> <p>Id. — Once in Jeopardy — Former Acquittal.—A defendant in a criminal case cannot plead former jeopardy and former acquittal, when on the previous trial the jury was discharged with his consent without rendering a verdict.</p> <p>Id. — Oral Charge Taken down by Stenographer. — Under section 1093, subdivision 6, of the Penal Code, it is not error for the court in a criminal case to charge the jury orally, when the charge is taken down by the phonographic reporter.</p>