People v. Lovren

Citations

• 119 Cal. 88
• 51 P. 22
• 1897 Cal. LEXIS 857

Syllabus

<p>Criminal Law—Train Wrecking—Constitutionality of Statute—Title of Act—Construction—Boarding Passenger Train with Intent to Bob the Same.—The act of the legislature commonly known as the “train wrecking act,” which is designated by title as an act “relating to train wrecking,” does not violate the provision of the constitution which declares that every act of the legislature shall embrace but one subject, which shall be expressed in its title, because in the body of the act a person is declared guilty who unlawfully boards a train with intent to rob the same, such provision not being intended to punish train robbery as such, but to prevent train wrecking, and in that respect stands in relation to the title as other provisions of the act.</p> <p>Id.—“Bobbing Passenger Train”—Act not to be Construed as Meaningless.—The phrase “robbing a passenger train” is not to be construed as meaningless or absurd; and though the act is crude, it is not to be nullified by the courts, it being the purpose of the act to prevent train wrecking. A person is guilty of the offense of “boarding a passenger train with intent to rob the same” when he unlawfully boards a passenger train with the intention to take by force and intimidation the control and management thereof from the employees, and thereupon to commit larceny or robbery thereon.</p> <p>Id.—Evidence—Conspiracy—Declarations of Conspirators —Where the evidence is sufficient to establish a conspiracy between the defendant and other persons to board a passenger train with intent to commit robbery, all statements, acts, and declarations made by the other conspirators, pending the commission of the crime, are competent evidence against the defendant.</p> <p>Id.—Conspiracy to Bob Northbound Train—Change ox Purpose to Southbound Train—Declaration oe Co-conspirator.—Where the conspiracy disclosed by the evidence originally contemplated the robbery of a northbound train, and the southbound train upon the same railroad was the one in fa