People v. Squires

Citations

• 99 Cal. 327
• 33 P. 1092
• 1893 Cal. LEXIS 662

Syllabus

<p>Ckiminal Law—Indictment—Date of Offense—Pbiobity of Offense to Accusation. — it is not necessary that an indictment for a criminal offense shall show that the offense was committed on a day prior to the time of the filing of the indictment, but it is sufficient if it can be understood therefrom “that the offense was committed at some time prior to the time of finding the indictment ”; and an indictment alleging the commission of an offense upon the same day on which the indictment is filed sufficiently shows that the act charged was commitited prior to the filing of the indictment. To accuse is to state that the act charged was prior to the accusation.</p> <p>Id.—Offense Committed on Date of Accusation—Reactions of Day. — Courts disregard fractions of days when necessary; and one may he accused of an offense on the very day of its commission.</p> <p>Id Evidence of Date. —The proof need not show that the offense was committed on the day named in the indictment.</p> <p>Id. — Request of Jubob fob Bbibe—Sufficiency of Indictment—Agbeement— Offek of Jubob. —An indictment of a defendant for asking for and agreeing to receive a bribe as a juror, need not charge that he asked for or agreed to receive it upon any agreement or understanding with the person approached that he , would cast his vote in consideration thereof; but it is sufficient to aver that the accused offered or was ready to make such agreement or understanding. It is not necessary to complete the offense that the party approached should consent to give the bribe.</p> <p>Id.—Cebtainty of Indictment.—An indictment charging a defendant with asking for and soliciting a bribe and charging the elements of the offense defined in section 93 of the Penal Code, is not uncertain as to whether the offense is charged under that section or section 96 of the code which does not make it an offense to solicit a bribe.</p> <p>Id.—Evidence of Good Faith of Pboseouting Witnesses — Obdek of Pboof— Habmless Bbkob.—In a criminal