People v. Jochinsky

Citations

• 106 Cal. 638
• 39 P. 1077
• 1895 Cal. LEXIS 654

Syllabus

<p>Criminal Law—Burglary—Larceny— Information—Demurrer—Joinder of Offenses—Carrying Stolen Goods into County of Jurisdiction.—Although an indictment or information must not charge more than one offense, and the defendant may demur to the indictment or information when it appears upon the face thereof that more than one offense is charged, yet an indictment or information charging the offense of burglary with intent to commit larceny, and further charging that in the commission of the burglary the defendants stole, took, and carried away, as proceeds of the burglary, personal property of the value of four hundred and eighty-nine dollars, which they brought, carried, and removed into the city and county where the information was filed, is not subject to demurrer for charging more than one offense, but merely states facts showing the jurisdiction of the offense of burglary.</p> <p>Id.—Jurisdiction of Burglary—Pleading.— Ordinarily the offense of burglary can be tried only in the county in which it is committed, but, under section 786 of the Penal Code, it can he tried in any county into which the property burglariously taken has been brought; but, in order to give the court in the latter county jurisdiction of the offense, the facts showing that a burglary was committed, and that property was burglariously taken and carried into that county must be set out, and an information merely complying with this rule to show jurisdiction of the offense is not subject to a demurrer for charging more than one offense.</p> <p>Id.—Form of Verdict.—Where the information charged that burglary was committed in another county, and that the goods burglariously taken were brought into the county in which the information was filed, a general verdict imports a conviction of the offense charged, and it is not necessary that the verdict should specify the county in which the offense was committed, nor that the goods were taken into the county where the information was filed.</p> <p>Id. —Effec