People v. Handley

Citations

• 100 Cal. 370
• 34 P. 853
• 1893 Cal. LEXIS 801

Syllabus

<p>Criminal Daw—Arson—Information—Identification of House—Ownership Immaterial.—Where an information charging a defendant with the crime of arson contains a description of the house alleged to have been burned sufficient to identify it, regardless of the name of the owner, the ownership of the house, although alleged in the information, becomes immaterial as not being a necessary part of the description of the crime charged, and is not necessary to be proved.</p> <p>Id.—Pleading—Materiality of Allegations—Description Essential to Identity—Surplusage.—Every fact or circumstance necessary to constitute the crime charged must be alleged and proved, and an allegation otherwise not essential may become material, and must be proved in all cases when descriptive of the identity of that which is necessary to the charge; hut the allegation of a fact or circumstance not legally essential to the charge is mere surplusage, and may be disregarded.</p>