People v. Whitney (1922) · DecisionDepot

People v. Whitney

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Court of Appeal Apr 25, 1922 No. Crim. No. 907.Published

Before: Richards

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Holding. The court affirmed the defendant's conviction for violating the Criminal Syndicalism Act, holding that the information was sufficient despite failing to name the specific organization and that the evidence was sufficient to support the conviction.

Issues

Whether the information was insufficient for failing to designate the name of the organization the defendant was charged with organizing.
Whether the evidence was sufficient to justify the conviction under the Criminal Syndicalism Act.
Whether the admission of evidence regarding the activities of affiliated organizations was prejudicial.
Whether alleged misconduct by the district attorney during juror examination warranted reversal.

Disposition. affirmed

Quotations verified verbatim against the opinion

“we are bound in conformity with the decision in People v. Taylor, supra, to hold that the appellant’s first contention is void of merit.”

Synopsis

The facts are stated in the opinion of the court.

RICHARDS, J.

This appeal is from a judgment of conviction of the defendant for the alleged violation of the provisions of the Criminal Syndicalism Act. The information filed by the district attorney against the defendant consisted of five separate counts based upon the several subdivisions of said act. The jury found the defendant guilty as to the first count in the information, hut disagreed as to the other counts therein, and dismissals as to these were subsequently filed.

[1]

The charging part of the first count in said information upon which the conviction of the defendant was had is in the language of the statute and reads as follows:

“The said Charlotte A. Whitney prior to the time o'f filing this information, and on or about the 28th day of November A. D. nineteen hundred and nineteen, at the said County of Alameda, State of California, did then and there unlawfully, willfully, wrongfully, deliberately and feloniously organize and assist in organizing, and was, is, and knowingly became a member of an organization, society, group and assemblage of persons organized and assembled to advocate, teach, aid and abet criminal syndicalism.”

The first contention of the appellant herein is that said first count in said indictment, of which the foregoing ex

[451]

cerpt is the charging part, was insufficient to state a public offense, the alleged particular insufficiency therein being its omission to specifically designate the name of the organization, society, group, or assemblage of persons which she is charged with having organized and assisted in organizing and which were organized and assembled to teach, aid, and abet criminal syndicalism. Since the original submission of this cause the supreme court has decided the case of

People

Taylor,

187 Cal. 378 [203 Pac. 85], covering the precise point which the appellant urges upon this contention. The two cases are identical as to the form of the charge and as to the procedure with relation to the trial thereon in the trial' court. In each case the defendant was fully advised upon the

People v. Whitney

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Synopsis

RICHARDS, J.

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