People v. Neason

Citations

• 67 Cal. 225
• 7 P. 644
• 1885 Cal. LEXIS 599

Syllabus

<p>OanmrAii Law—Pbiob Cohvicibon—Practice. —The defendant was accused by information of the crime of burglary, and was convicted of burglary in the first degree; and sentenced to fifteen years imprisonment in the State prison. The information contained a charge that the defendant had been previously convicted of petit larceny. To the latter charge the defendant was allowed to plead guilty, no evidence was introduced to prove the same, and no verdict rendered thereon. Meld, that inasmuch as the defendant might have been sentenced to fifteen years in the State prison on the conviction of burglary in the first degree without reference to the prior conviction of petit larceny, the proceedings as to the prior conviction might be disregarded and the judgment allowed to stand.</p>