gno.law

People v. Weir

California Court of Appeal · Crim. No. 635. · 1916-06-15 · Published · 159 P. 442 · 30 Cal. App. 766 · 1916 Cal. App. LEXIS 101

The PEOPLE, Respondent, v. ROBERT J. WEIR, Appellant

Proceeding
appeal from a judgment
Trial court
Superior Court of Fresno County
Trial judge
H. Z. Austin
Outcome
other — The facts are stated in the opinion of the court. [Crim. No.
Area
criminal
Panel
The Court. &#8212 (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

THE COURT.

In charging the commission of the felony deined by section 476a of the Penal Code, it is not essential to a statement of the facts constituting such offense that the information should allege that the check drawn by the person charged with the offense was presented to the bank. Such in effect was the ruling in the case of People v. Mohr, 157 Cal. 732, [109 Pac. 476]. It follows logically that if such fact was not required to be pleaded against the defendant, it was not necessary to be established against him in order to secure and sustain his conviction.

The criminal intent of the defendant when making and drawing the check in question was an essential element of the *767 offense with which he was charged; and he admitting the act but defending in part upon the ground that it was free from felonious intent, proof of the commission of similar acts, even though they be independent and disconnected, and were committed either before or after the perpetration of the crime charged, was relevant and competent for the purpose of showing guilty intent.

(People v. King, 23 Cal. App. 259, [137 Pac. 776].)

The evidence upon the whole sustains the verdict and judgment. The judgment and order denying a new trial are affirmed.

A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on August 14, 1916.

Cites, in this corpus

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