People v. Hamberg

Citations

• 84 Cal. 468
• 24 P. 298
• 1890 Cal. LEXIS 823

Syllabus

<p>Criminal Law — Obtaining Property under False Pretenses — Jurisdiction. — Under section 532 of the Penal Code, the offense of obtaining property of the value of nine thousand five hundred dollars under false pretenses, being punishable by imprisonment in the county jail not exceeding one year, and by fine not exceeding three times the value of the property, is not within the jurisdiction of the police judge’s court, but the jurisdiction thereof properly belongs to the superior court.</p> <p>Id. —Jurisdiction op Conspiracy. —The misdemeanor of conspiracy, under section 181 of the Penal Code, being punishable by imprisonment not exceeding one year in the county jail, or by fine not exceeding one thousand dollars, is not within the jurisdiction of the superior court.</p> <p>Id. — Once in Jeopardy — Void Conviction for Conspiracy. — A void conviction in the superior court for a conspiracy, under section 181 of the Penal Code, of which that court had no jurisdiction, did not place the defendant in jeopardy so as to bar an indictment in the same court, in reference to the same transaction, for obtaining property under false pretenses, of which that court has jurisdiction.</p> <p>Id.—Plea of Jeopardy — Submission to Jury — Special Finding.—It xs the duty of the court to submit to the jury the issue raised by a plea of former jeopardy, and to have it specially passed on by that body, in addition to the general finding upon the plea of not guilty.</p> <p>Id.—Selling Property without Title — Evidence — Guilty Knowledge— Judgment in Civil Action.—The judgment roll in a prior civil action against the defendant, in which the worthlessness of his title was adjudged, is admissible, in connection with oral testimony of the attorney for the adverse party, upon trial of a criminal charge of obtaining money under false pretenses, by a deed of such worthless title, as tending to show guilty knowledge on the part of the defendant that he was selling property to which he had no title,