People v. Beck

California Supreme Court

People v. Beck

21 Cal. 385

CourtCalifornia Supreme Court

DecidedJuly 1, 1863

StatusPublished

Cited by3 cases

This text of 21 Cal. 385 (People v. Beck) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Beck, 21 Cal. 385 (Cal. 1863).

Pincite

Opinion

Field, C. J. delivered the opinion of the Court

Cope, J. concurring.

The indictment in this case is fatally defective in the statement of the facts constituting the offense charged. Robbery is defined by the statute to be “ the felonious and violent taking of money, goods, or other valuable thing from the person of another by force or intimidation.” The indictment does not allege the taking in the present case from the person of another, but only from another person, which is quite a different thing. The demurrer should have been sustained.

Judgment reversed and cause remanded.

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Field, C. J. delivered the opinion of the Court

Cope, J. concurring.

The indictment in this case is fatally defective in the statement of the facts constituting the offense charged. Robbery is defined by the statute to be “ the felonious and violent taking of money, goods, or other valuable thing from the person of another by force or intimidation.” The indictment does not allege the taking in the present case from the person of another, but only from another person, which is quite a different thing. The demurrer should have been sustained.

Judgment reversed and cause remanded.

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Bluebook (online)

21 Cal. 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-beck-cal-1863.

Opinion

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