People v. Flores

California Supreme Court

People v. Flores

1 P. 498, 64 Cal. 426, 1883 Cal. LEXIS 664

DecidedDecember 29, 1883

StatusPublished

This text of 1 P. 498 (People v. Flores) 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. Flores, 1 P. 498, 64 Cal. 426, 1883 Cal. LEXIS 664 (Cal. 1883).

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Opinion

McKee, J.

Eliminating from the information the word accommodatvm, the description of the offense charged against the defendant was unobjectionable. It may be conceded that the word has no common acceptation; it was, therefore, useless in connection with the charge, and as its insertion in the information did not tend to the prejudice of the defendant, in respect to a substantial right, and did not prejudice the information nor the description of the offense, it should have been disregarded. (§§ 960, 1404, Pen. Code.)

Judgment, reversed, and cause remanded with instructions to overrule the demurrer.

Morrison, C. J., McKinstry, J., and Ross, J., concurred.

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McKee, J.

Eliminating from the information the word accommodatvm, the description of the offense charged against the defendant was unobjectionable. It may be conceded that the word has no common acceptation; it was, therefore, useless in connection with the charge, and as its insertion in the information did not tend to the prejudice of the defendant, in respect to a substantial right, and did not prejudice the information nor the description of the offense, it should have been disregarded. (§§ 960, 1404, Pen. Code.)

Judgment, reversed, and cause remanded with instructions to overrule the demurrer.

Morrison, C. J., McKinstry, J., and Ross, J., concurred.

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Bluebook (online)

1 P. 498, 64 Cal. 426, 1883 Cal. LEXIS 664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-flores-cal-1883.