People v. Faust

Citations

• 113 Cal. 172
• 45 P. 261
• 1896 Cal. LEXIS 761

Syllabus

<p>Criminal Law—Selling Liquor to Indians—Sufficiency of Information—Omission of Names—Identity of Officers.—An information charging the defendant with willfully and unlawfully selling intoxicating liquor to two Indians is not rendered insufficient in not naming the Indians; and if the defendant is again prosecuted for the same offense, he may plead the conviction, and establish the identity of the offense by parol evidence; and little aid in this regard would be furnished by designating the Indians by name, their names being seldom a matter of notoriety among the white population.</p> <p>Id.—Single Offense.—An information charging the defendant with the selling and furnishing of intoxicating liquor at the same time and place to two Indians states but a single offense.</p> <p>Id.—Proof of Offense Charged—Variance.—Where the defendant is charged with selling liquor to two Indians, the offense charged is substantially proved without material variance, where the evidence shows that two Indians were together in a barroom, and that one of them gave defendant money, with which he purchased a bottle of whiskey at the bar, after which both Indians repaired to a convenient place, where the defendant met them and delivered a bottle of whiskey to the Indian who paid him the money, after which both of them drank from the bottle, though not in the defendant’s presence.</p> <p>Id.—Venue—Judicial Notice.—Where the evidence shows that the offense was committed in the town where the trial was held, the court will take judicial notice that it is the county seat, and is situated within the county, and the venue of the offense is sufficiently proved.</p>