People v. Harrold

Citations

• 84 Cal. 567
• 24 P. 106
• 1890 Cal. LEXIS 843

Syllabus

<p>Criminal Law—Forgery—Indictment — Allegation of Series of Acts. — An allegation in an indictment for forgery, in a single count, of a series of acts named in the statute, either of which would constitute the crime of forgery, is not the allegation of two offenses, because all constitute but the single crime, under section 470 of the Penal Code.</p> <p>Id.—Forgery of Assignment of Letters Patent — Offering Same for Record — Surplusage in Indictment.—When the alleged forged instrument purports to be an assignment of an interest in certain letters patent for an invention, an allegation that the defendant offered said instrument for record at the office of the county recorder, and caused the same to be recorded as a record in said office, does not charge a separate offense, under section 115 of the Penal Code, which only relates to the record of forged instruments, which, if genuine, might be filed, registered, or recorded under the law of this state; and such allegation must be disregarded as surplusage.</p> <p>Id.—Sufficiency of Indictment..— An indictment is sufficient when its material portions are in the language of the statute.</p> <p>Registry Act — Record of Letters Patent — Construction of Code.— Section 1160 of the Civil Code relates only to the recording of letters patent affecting real property, and an assignment of letters patent for an invention is not entitled to record under the law of this state.</p>