People v. Shotwell

Citations

• 27 Cal. 394

Syllabus

<p>Discharge of Jury in Criminal Case.—If, after the jury in a criminal case have retired to deliberate on their verdict, the Court directs the Sheriff to discharge • them if they do not agree on their verdict by a certain hour, and then adjourns,</p> <p>• and at the hour named the Sheriff discharges the jury, this will not operate as an acquittal of the defendant, but another trial may be had.</p> <p>Charge of Two Offenses in Indictsient.—If an indictment for forgery contains two counts, in each of which a copy of the instrument alleged to have been forged is set out, and the copies are alike, it. will not be presumed that each is a copy of only one and the same original instrument, without an allegation to that effect in the second count.</p> <p>When Several distinct Offenses may constitute a Single Crime.—A person. guilty of forging a check, and also of an attempt to pass it, or of passing it as true and genuine with intent to damage and defraud another person, may be indicted, tried, and convicted for all these connected and consecutive acts as constituting one transaction and one crime; or if guilty of but one of such acts, ho may be indicted, tried, and convicted for its commission as constituting a distinct crime.</p> <p>How Objection to Indictment to be taken.—If there is more than one offense charged in the indictment, the defeet should be taken advantage of by demurrer. Jf the objection be not taken by demurrer, it cannot be considered on motion in arrest of judgment.</p> <p>Election as to Count on which Accused shall be tried.'—If the indictment contains more than one count, each charging a distinct offense, the Court is not required to compel the prosecutor to elect upon which count of the indictment he will try the accused.</p> <p>Sentence where Indictment - charges Two Offenses.—If the indictment contains more than one count, each charging a distinct offense, and the verdict is general, finding the defendant guilty, the presumption will be that the Jud