People v. Hicks

California Supreme Court

People v. Hicks

4 P. 1093, 66 Cal. 103, 1884 Cal. LEXIS 700

California Supreme Court·Decided November 18, 1884·No. No. 10,984·Published·Cited by 9 cases

Opinion

McKee, J.

-The only point made by the appellant in this case is, that “ the information fails to allege that the property taken was the property of some person other than the defendant.” But the information contains this averment, viz: “ That the property taken was the personal property in the possession of Frederick Schwartz, * * * and that the same was taken from the person and against the will of him, the said Schwartz.” We think this is a sufficient averment that the property belonged to Schwartz,, and that it was taken from him by the defendant.

Judgment affirmed.

Ross, J., and McKinstry, J., concurred.

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McKee, J.

-The only point made by the appellant in this case is, that “ the information fails to allege that the property taken was the property of some person other than the defendant.” But the information contains this averment, viz: “ That the property taken was the personal property in the possession of Frederick Schwartz, * * * and that the same was taken from the person and against the will of him, the said Schwartz.” We think this is a sufficient averment that the property belonged to Schwartz,, and that it was taken from him by the defendant.

Judgment affirmed.

Ross, J., and McKinstry, J., concurred.

People v. Hicks, 4 P. 1093, 66 Cal. 103, 1884 Cal. LEXIS 700 (Cal. 1884).

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