gno.law

People v. Smith

California Supreme Court · No. 20504 · 1889-07-01 · Published · 79 Cal. 554 · 21 P. 952 · 1889 Cal. LEXIS 769

THE PEOPLE v. ROBERT SMITH

Area
criminal
Panel
A. V. Paterson (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.

—Information for burglary, and conviction of defendants.

The defendants moved to set aside the information, on the ground that they had once been discharged from arrest for the same offense, based on the same evidence *556as was had at the first preliminary examination by the superior court of Solano County.

We find no proof in the record that the evidence was the same on both of the examinations. The basis of the motion is lacking. The court did not err in denying the motion.

The information was sufficient and in accordance with law, and the court did not err in directing judgment to be entered on the verdict.

The evidence is sufficient to support the verdict. On an examination of it, and taking it altogether, we find it of such a character that we cannot reverse on the ground of insufficiency of the evidence.

There is no error in the transcript.

Judgment and orders affirmed.

Dissent — Paterson

Paterson, J., dissenting.

—I do not concur. The evidence, in my opinion, is insufficient to support the verdict and judgment.

Thornton, J. —I dissent on the same grounds as Justice Paterson.

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