People v. Littlefield

Citations

• 5 Cal. 355
• 1855 Cal. LEXIS 142

Syllabus

<p>Under the two hundred and forty-sixth section of our criminal code, an indictment is sufficiently certain as to time, if it appear from it that the offense was committed at some time prior to the finding ot the indictment.</p> <p>So an indictment would be sufficiently certain under the statute, in charging the defendant with feloniously taking three head of cattle, without showing the particular species of cattle taken.</p> <p>Under the criminal code of this State, words used in an indictment are to be construed according to their common acceptation, except words or phrases specifically defined by law.</p> <p>In cases of grand larceny it was the intention of the Legislature that the jury should only assess the punishment when they thought that the defendant deserved the punishment of death, and if they do not agree to such a punishment, then they should find a general verdict.</p>