People v. Oreileus

Citations

• 79 Cal. 178
• 21 P. 724
• 1889 Cal. LEXIS 690

Syllabus

<p>Criminal Law—Assault with Deadly Weapon—Misnomer—Pleading —Former Acquittal — Once in Jeopardy. — When, upon the trial of an information for an assault with a deadly weapon, the defendant is acquitted on the ground of a material variance between the information and the proof as to the name of the person injured, such acquittal cannot he pleaded as a former acquittal of the same offense, nor as putting the defendant again in jeopardy, upon a new information correctly naming the person injured.</p> <p>Id. — Certainty in Description of Offense—Construction of Penal Code. —It may be possible to describe an offense with sufficient certainty, without correctly naming the person injured, so that an erroneous allegation as to the person injured may be immaterial under the provisions of section 956 of the Penal Code; but that section does not apply where there is no such sufficient certainty.</p> <p>Id. — Constitutional Law — Twice in Jeopardy. — The provisions of sections 1021 and 1165 of the Penal Code are not in conflict with the provision of the constitution that no person shall be twice put in jeopardy for the same offense.</p>