People v. Montejo

Citations

• 18 Cal. 38

Syllabus

<p>An indictment charging that defendant “ feloniously, willfully and for his own gain did buy and receive ” a certain stolen mule, does not charge two offenses; the addition of the word “ received,” though not necessary, does not make the offense less than or different from buying the property stolen.</p> <p>Article 1443 of the Criminal Practice Act, (Wood’s Dig. 278) providing that “if when the offense is committed the defendant he out of the State, the indictment may he found within the term limited after his coming within the State, and no time during which the defendant is not an inhabitant of, or usually resident within the State, shall he a part of the limitation,” includes the case of a defendant leaving the State after the commission of the crime, as well as the case of his absence from the State at the time of its perpetration, and applies to all offenses.</p> <p>The indictment in this case sufficiently avers the matter of exception to the operation of the statute.</p>