People v. Wickham

Citations

• 116 Cal. 384
• 48 P. 329
• 1897 Cal. LEXIS 558

Syllabus

<p>Criminal Law — Embezzlement — Once in Jeopardy — Dismissal op Former Prosecution—New Information.—Where a defendant accused of embezzlement pleaded “once in jeopardy” for the same offense, evidence that he had been previously convicted of the offense, and that, upon his appeal, the judgment was reversed, and the prosecution dismissed for failure to file the information within the time prescribed by the statute, no good cause being shown for the failure, and that the present prosecution was based upon a new information, is insufficient to establish the plea.</p> <p>Id.—Felony—Punishment for Embezzlement—Construction op Penal Code. — Under section 514 of the Penal Code, which provides that “every person guilty of embezzlement is punishable in the manner prescribed for feloniously stealing property of the value of that erabezzled,” a defendant convicted of embezzling a horse, though of the value of only forty dollars, is properly punished by imprisonment in the state prison.</p>