People v. Saviers
Citations
- 14 Cal. 29
- 1859 Cal. LEXIS 230
Syllabus
<p>An indictment, under the Act of 1857, (p. 267,) for dealing the game of monte for money, need not state the particulars of the offense—as the persons present, the room, and the like. Under our law, an indictment is good, if it state the acts constituting the offense, in ordinary and concise language, and in such a way that a person of ordinary understanding can know what was intended.</p> <p>It must be direct and certain as to the party charge d, the offense charged, and the particular circumstances, when they are necessary to constitute a complete offense.</p> <p>The offense here, is dealing monte for money. This alone constitutes the crime.</p> <p>Where a statute introduces a new offense, without reference to anything else, an indictment, describing the offense in the words of the statute, is sufficient.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that statutes “in derogation of the common law . . . must be limited strictly to the meaning of the language employed, and not extended beyond the plain and explicit terms of the statute”
- discussing the relationship between the 1850 Act and the 1856 Act
- “it has always been a rule of construction of statutes that those in derogation of the common law, that is those which give rights not had under the common law, and those penal in nature must be limited strictly to the meaning of the language employed”
- “it has always been a rule of construction of statutes that those in derogation of the common law, that is those which give rights not had under the common law, and those penal in nature must be limited strictly to the meaning of the language employed”
Source: CourtListener parenthetical corpus (CC0).
Judges: Baldwin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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