People v. Johnson

Citations

• 88 Cal. 171
• 25 P. 1116
• 1891 Cal. LEXIS 667

Syllabus

<p>Criminal Law — Burglary — Information — Previous Conviction — Withdrawal of Plea — Confession — Sentence. —One charged in an information with burglary and a previous conviction of grand larceny may withdraw a plea of not guilty to the charge of previous conviction, and confess the same at any time, and where he does so on the day of trial, and is found guilty of burglary only, both offenses may be taken into consideration, and will warrant a penalty of ten years’ imprisonment.</p> <p>Id. — Conviction of Felony — Waiver of Time for Sentence. — One found guilty of a felony may waive the time which the code says must elapse between the verdict and sentence, and may consent that judgment he pronounced immediately.</p> <p>Id. — Appeal — Presumption of Consent. — Where it does not appear in the record that the defendant made any objection in the court below to the shortness of time between the verdict and sentence, he must be presumed to have consented to it.</p> <p>Id. — Oral Charge — Shorthand Reporter — Presumption upon Appeal. —Where the charge to the jury was given orally, it will be presumed, upon appeal, in the absence of proof to the contrary, that it was taken down by the phonographic reporter.</p> <p>Id. —Appeal — Presumption against Error. —Error will not be inferred upon appeal, but must affirmatively appear in the record.</p> <p>Id.—Sentence — Informing Defendant — Recitals in Judgment.—An objection to a judgment, on the ground that the defendant was not informed by the court of the nature of the charge against him, of his plea, or of the verdict, is sufficiently met and answered by the recitals in the certified copy of the judgment contained in the record, which show sufficient to meet the requirements of the Penal Code in that respect.</p> <p>Id.—Venue of Offense — Judgment.—If the place where the offense is committed is charged in the information, it need not be stated in the judgment.</p> <p>Id.— Direction for Imprisonment-—Form of Judgment. — A judgme