People v. St. Clair

California Supreme Court

People v. St. Clair

55 Cal. 524, 1880 Cal. LEXIS 316

CourtCalifornia Supreme Court

DecidedJuly 1, 1880

DocketNo. 10,528

StatusPublished

This text of 55 Cal. 524 (People v. St. Clair) 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. St. Clair, 55 Cal. 524, 1880 Cal. LEXIS 316 (Cal. 1880).

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Opinion

The Courts

The indictment charges an entry into a stable with intent to commit “ larcey.” Burglary is the entering of a house, etc., “with intent to commit grand or petit larceny, or any felony.” (Pen. Code, § 459.) There is no such felony as “larcey” known to our law. “ Larcey ” is certainly not larceny, nor does the maxim idem sonans apply.

It is said that the Court must give judgment without regard to the technical errors or defects, or to exceptions which do not affect the substantial rights of the parties. (Pen. Code, 1258.) But this is more than a departure from an established form; nor is it a case in which facts are averred in the indictment which sufficiently indicate the sense in which the word purporting to name the crime is employed, but is a failure to describe any offense.

Judgment reversed, and cause remanded for a new trial.

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The Courts

The indictment charges an entry into a stable with intent to commit “ larcey.” Burglary is the entering of a house, etc., “with intent to commit grand or petit larceny, or any felony.” (Pen. Code, § 459.) There is no such felony as “larcey” known to our law. “ Larcey ” is certainly not larceny, nor does the maxim idem sonans apply.

It is said that the Court must give judgment without regard to the technical errors or defects, or to exceptions which do not affect the substantial rights of the parties. (Pen. Code, 1258.) But this is more than a departure from an established form; nor is it a case in which facts are averred in the indictment which sufficiently indicate the sense in which the word purporting to name the crime is employed, but is a failure to describe any offense.

Judgment reversed, and cause remanded for a new trial.

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Bluebook (online)

55 Cal. 524, 1880 Cal. LEXIS 316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-st-clair-cal-1880.