49 Cal. 394, 10,101, People v. Delany
|Citation:||49 Cal. 394|
|Opinion Judge:||McKINSTRY, Judge|
|Party Name:||THE PEOPLE v. ELLEN DELANY|
|Attorney:||C. B. Darwin, for the Appellant, Attorney-General Love, for the People.|
|Judge Panel:||JUDGES: McKinstry, J. Neither Mr. Justice Crockett nor Mr. Justice Rhodes expressed an opinion.|
|Case Date:||October 01, 1874|
|Court:||Supreme Court of California|
Appeal from the Municipal Criminal Court of the City and County of San Francisco.
The indictment charged the defendant with petit larceny committed on the 20th day of December, 1873, and charged also four previous convictions for petit larceny in the Police Judge's Court of the City and County of San Francisco. On the 4th day of March, 1874, the defendant plead guilty. On the 6th day of March, when the defendant was called up for sentence, she asked the Court to be sentenced for petit larceny. The Court denied the request, and adjudged her guilty of a felony, and sentenced her to the State prison for two years. She appealed.
The question herein considered arose in the Court below before the adoption of the last amendments of the Penal Code.
The indictment charges the defendant with stealing goods of the value of twenty dollars, after having been convicted of petit larcenies. The particular circumstances of the offense are stated, and consist of the prior convictions and of the facts constituting the last larceny. (Penal Code, 952.) These circumstances subject the defendant to imprisonment in the State prison, and constitute a felony. (Penal C. 17, 667-3.)
The defendant pleaded " guilty of the offense charged in the indictment." (Penal C., 1,017-1.) Appellant contends that " the offense charged consists of a statement of facts which constitute an offense, which it is not pretended has been before tried, and is stated only that it may be tried." Assuming this definition to be correct...
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