People v. Mouse

PRESTON, J.

Defendant was convicted of two felonies of the same class on verdicts simultaneously rendered. Judgment was imposed upon him for both offenses; the sentences,

[783]

under section 669 of the Penal Code, would run consecutively. He then moved for a new trial and in arrest of judgment, both of which motions were denied, and he has appealed from said judgments and from the orders denying his said motions.

The record presents solely the question of state jurisdiction over the offenses charged. Admittedly one of them, and a fair construction of the evidence shows that the other also was committed upon the grounds and property in Los Angeles County known as the National Home for Disabled Volunteer Soldiers at Sawtelle, California. Deeds to the property were admitted in evidence naming the grantee as the “National Home for Disabled Volunteer Soldiers, a corporation formed and now existing under the laws of the United States.” The nature of this institution and the manner in which it is governed, maintained and supported may be well described in the language of the case of

Sinks

v.

Reese,

19 Ohio St. 306, 313, 314 [2 Am. Rep. 397] :

“And first, as to the character, in law, of the institution. It was established under and in conformity to the provisions of the act of the congress of the United States of March 2<1, 1866, entitled ‘An act to amend an act entitled an act to incorporate a national military and naval asylum for the relief of the totally disabled officers and men of the volunteer forces of the United States. ’

“The first three sections of the act [24 U. S. C. A., secs. 71, 73, 74, 77], provide for ‘an establishment for the care and relief of the disabled volunteers of the United States army, to be known by the name and style of the national asylum for disabled volunteer soldiers, ’ with a board of managers, consisting of the president of the United States, secretary of war, chief justice of the United States, for the time being, together with nine others, no two of whom shall be residents of the same state, to be appointed by joint resolution of the two houses of congress, to have perpetual succession, with power to take, hold, and convey real and personal property, establish a common seal, and to sue and be sued in courts of law and equity; and to make by-laws, rules, and regulations for carrying on the business and government of the asylum, and affix penalties thereto. The fourth section confers power on the board of managers