People v. Ribolsi

Citations

• 89 Cal. 492
• 26 P. 1082
• 1891 Cal. LEXIS 843

Syllabus

<p>Criminal Law — Pleading — Sufficiency of Accusation.—The sufficiency of indictments or informations in this state depends upon whether or not they are in conformity to statutory provisions.</p> <p>Id.—Receiving Stolen Goods — Firm Name of Owners — Information. — An information charging a defendant with feloniously receiving and buying stolen goods, the personal property of the estate of certain persons described as copartners in business, doing business under a specified firm name, sufficiently states the ownership of the property.</p> <p>Id.—Name of Thief — Demurrer. — The fact that the name of the thief is not alleged in the information does not render it obnoxious to a demurrer upon that ground.</p> <p>Id. — Ownership of Stolen Goods — Estate of Partnership — Deceased Partner — Executors — Variance. — Where the information describes the offense with sufficient certainty in other respects to identify the act, the fact that it describes the property as belonging to the estate of specified persons, copartners, and the proof shows that one of the partners was dead, and that his estate was represented by executors, who were the legal owners of the property, does not show a material variance.</p> <p>Id. —Instruction — Satisfaction of Jury as to Guilt. —An instruction to the jury to the effect that if upon a full and fair consideration of all the evidence they should be “fairly and clearly satisfied” that the defendant committed the crime charged, they should find him guilty, is not erroneous because not conveying the idea that they must be “ entirely satisfied ” of the defendant’s guilt.</p> <p>Id.—Evidence — Testimony of Thief — Tendency to Impute Knowledge— Corroboration — Instruction. — An instruction to the jury to the effect that they could not convict the defendant accused of receiving stolen goods upon the testimony of the thief unless corroborated by other evidence, which, in itself, without the aid of the testimony of the thief, “tends to impute ” to the de