People v. Shainwold

Citations

• 51 Cal. 468
• 1876 Cal. LEXIS 80

Syllabus

<p>Ordee of Intboducing Evidence.'—The mere order in which the evidence is to be introduced rests in the discretion of the court trying the cause.</p> <p>Evidence on Tbial foe Abson.—On a trial for arson, the prosecution may prove that the prisoner had attempted to set fire to the house on a day I>revious to the burning alleged in the indictment, for the purpose of showing the intent of the prisoner in subsequently setting fire to the house.</p> <p>Vabiance between Proofs and Indictment.—If, in an indictment for arson, the building burned is described as the property of Pearce and Bensley, and as having been formerly occupied by Yanarsdale & Go., and the proof is that Yanarsdale & Co. did occupy it, but fails to show that Pearce and Bensley owned it, there is no material variance between the indictment and the proof as to the identity of the property.</p> <p>New Trial and Bill of Exceptions in Criminal Oase.—The fact that the sheriff, in the absence of the judge, adjourned the court at ten a.m., instead of waiting till twelve m., is not ground for a new trial in a criminal case, nor can it be incorporated into a bill of exceptions.</p>