People v. Moore

Citations

• 103 Cal. 508
• 37 P. 510
• 1894 Cal. LEXIS 811

Syllabus

<p>Criminal Law—Crime Against Nature—Information.—The averment in an information charging the commission of the crime against nature “in and upon the person” of an.individual named by Christian name and surname, sufficiently states that it was committed with a human being as distinguished from an animal.</p> <p>Id.—Venue of Offense—Commission of Crime Upon Car.—When the crime against nature is alleged to have been committed upon a car in a specified county, it sufficiently shows the jurisdiction of the offense in that county, regardless of whether the jurisdiction would be in any county through which the car passed in the course of its trip, under section 783 of the Penal Code.</p> <p>Id.—Trial—Failure to Inform Defendant of Right of Challenge.— Where a defendant accused of crime is not represented by counsel, and the record does not show that'he exercised the right of challenge, it is prejudicial error for the court not to inform him before a juror is called that if he intends to challenge an individual juror he must do so when the juror appears, and before he is sworn,</p> <p>Id.—Amendment of Minutes After Appeal—Query. —Whether the court can amend its minutes which constitute part of the judgment-roll after an appeal is taken, quxzrtl</p> <p>Id.—Insufficient Amendment—Conversation About Jurors.—When the record is amended by showing a statement of conversation about the jurors not substantially complying with section 1066 of the Penal Code, it cannot prevent a reversal of its judgment for failure to instruct the defendant about his right of challenge.</p>