People v. Etting

Citations

• 99 Cal. 577
• 34 P. 237
• 1893 Cal. LEXIS 716

Syllabus

<p>Criminal Law—Signature to Information—Deputy District Attorney.— The name of the district attorney may be signed to an indictment or information by his deputy.</p> <p>Id.—Bobbery—Possession of Stolen Property Unexplained—Instructions__ Where the court has instructed the jury upon the trial of a charge of robbery, that “ the mere possession of stolen property unexplained by defendant, however soon after taking, is not sufficient to justify a conviction, it is merely a circumstance, which taken in connection with other testimony, is to determine the question of guilt,” it is not error for the court also to instruct the jury that “ the failure of the defendants to account for such possession, or to show that such possession was honestly obtained, is a circumstance tending to show their guilt, and the accused is bound to explain the possession in order to remove the effect of the possession as a circumstance to be considered in connection with other suspicious facts, if the evidence discloses any such.”</p> <p>Id—Instructions to be Taken Together. —The instructions are to be taken together and read as a whole, and when so read, if they correctly interpret the law applicable to the case, no error is committed.</p> <p>Id.—Proof of Venue.— Where the information charged the offense to have been committed at the county of Los Angeles, state of California, and the trial' was bad in that county, and the robbery is described in the evidence as having occurred in Los Angeles, and there was no suggestion in the evidence that it occurred elsewhere, the venue is sufficiently proved.</p> <p>Id.—Judicial Notice of County Seat.—The courts will take judicial notice of ‘ whatever is established by law,” and hence that Los Angeles is the county seat of Los Angeles County, and in said county.</p>