People v. Brown

MARKS, J.

This is an appeal from a judgment and order denying defendant’s motion for new trial after his conviction

[604]

of robbery and the crime denounced by section 286 of the Penal Code.

The amended information contained two counts. The first charged defendant with the crime of robbery, alleged to have been committed on December 2, 1944, in Kern County, by taking $50 from the person and possession of Joseph Nettles by means of putting him in fear. The second count charged the commission of the other crime on the same day. Two prior convictions of felonies were charged and were admitted.

The crimes were committed at Inyokern at the Naval Ordnance Training Station in Kern County. Defendant maintains that the state courts have no jurisdiction of the case because the crimes were committed on a government military reservation. (U. S. Const., art. I, § 8.)

It is well established that the federal government may acquire property within the boundaries of a state for governmental use but, as a general rule, in order to deprive the state courts of jurisdiction over it there must be a surrender of jurisdiction by the state and an acceptance of jurisdiction by the United States.

(Fort Leavenworth R. Co.

v.

Lowe,

114 U.S. 525 [5 S.Ct. 995, 29 L.Ed. 264];

United States

v.

Watkins,

22 F.2d 437;

People

v.

Mouse,

203 Cal. 782 [265 P. 944].) Prior to 1940 it had been held that acceptance and consent by the government will be presumed in the absence of the showing of a contrary intent.

(United States