People v. Dinsmore

Citations

• 102 Cal. 381
• 36 P. 661
• 1894 Cal. LEXIS 654

Syllabus

<p>Criminal Law—Pleading—Information—Mistake in Date.—Where an information charges the offense to have been committed at a date subsequent to its filing, but alleges in terms that the acts charged were committed prior to the day of its filing, and in the same year, thus bringing the offense without the bar of the statute of limitations, the particular date alleged in the information is not material to the sufficiency of the charge, and the apparent mistake in the stating of the dates might have been corrected by the trial court, and is not such an irregularity as will justify a new trial of the action.</p> <p>Id.—Interruption of Trial—Sickness of Witness—Prolonged Continuance—Dispersion of Jury—Abuse of Discretion.—Where, during the progress of a criminal trial, a witness for the people, while upon the stand, becomes ill and unable to proceed in giving evidence, and physicians report that it would not be safe for him to continue his testimony within the next two months, an order continuing the case for a period of sixty-three days, and instructing the jury to return to court in that time, and allowing them to return to their homes and there remain until the expiration of the continuance, is an abuse of discretion, entitling the defendant to a new trial.</p>