People v. McGregar

Citations

• 88 Cal. 140
• 26 P. 97
• 1891 Cal. LEXIS 662

Syllabus

<p>Criminal Law—Burglary — Previous Convictions—Arraignment. — Upon the arraignment of a defendant charged with burglary and previous convictions, it is not error for the court to ask him whether he had suffered the prior convictions charged against him in the information.</p> <p>Id.— Reading of Indictment —Presumption —Performance of Official Duty. —Where the defendant has confessed the former convictions, the presumption is, that the clerk performed his duty in reading the indictment to the jury, and omitted to read that part of the indictment which related to the prior convictions, and this presumption is not overcome by a statement in the record “that the information charging the defendant with the above crime wat read, and plea of not guilty stated to the jury-”</p> <p>Id. —Attempt to Commit' Burglary — Sentence — Former Convictions. — Where the record shows that the defendant had suffered former convictions, a sentence of ten years’ imprisonment for an attempt to commit burglary does not exceed the maximum term allowed.</p> <p>ID.—Oral Charge — Shorthand Reporter — Presumption upon Appeal. — Where the contrary does not appear in the record, it will be presumed that the law was obeyed, and that the oral charge of the court was taken down by the shorthand reporter.</p> <p>Id.—Degree of Burglary — Statement of Testimony.—A statement by the court in its instructions that the testimony showed that it was three or four o’clock in the morning when the attempt was made, in connection with a charge that it would be necessary to find the degree oí the crime, and that if the attempt was made in the night-time, it would be an attempt to commit burglary in the first degree, could not have prejudiced the defendant, where the testimony shows without conflict that the attempt was made in the night-time.</p> <p>Id. —Proof of Venue—Streets or San Francisco. — Where the indictment charges that the offense was committed on a certain street in the city and county of San Francisco,