People v. Thompson

Citations

• 111 Cal. 242
• 43 P. 748
• 1896 Cal. LEXIS 571

Syllabus

<p>Criminal Law—Train Wrecking—Information—Duplicity—Throwing out Switch—Boarding Train with Intent to Rob.—Under section 2IS of the Penal Code, relating to train wrecking and the punishment thereof, an information charging a defendant with feloniously throwing out a switch with intent to derail a passenger train at a certain station, and then and there feloniously boarding a passenger train at said station, with intent then and there to rob said passenger train, does not charge two offenses, and is not subject to the charge of duplicity.</p> <p>Id.—Statute Punishing Either of Several Acts—Conjunctive Pleading—Different Intent not Material.—When a statute forbids and makes punishable the doing of either of several acts, an indictment or information on such a statute may allege in a single count conjunctively that the defendant at the same time did as many of the forbidden things as the pleader chooses, and the pleading will not be double; but the offense will be established at the trial by proof of any one of them; and it is immaterial that a different intent may accompany one of the acts from that accompanying the other acts specified.</p>