People v. Hicks (1884) · DecisionDepot

People v. Hicks

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

California Supreme Court Nov 18, 1884 No. No. 10,984Published

Before: McKee

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Holding. An information charging robbery sufficiently alleges ownership of the stolen property by stating it was in the possession of the victim and taken from his person against his will.

Issues

Whether an information must explicitly allege that stolen property belonged to someone other than the defendant to be sufficient.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“We think this is a sufficient averment that the property belonged to Schwartz,, and that it was taken from him by the defendant.”

Synopsis

Criminal Law—Robbery—Sufficiency of Information.—Where an information for robbery charges “ that the property taken was the personal property in the possession of one Frederick Schwartz, and that it was taken from the person and against the will of Schwartz,” this is a sufficient averment that the property belonged to Schwartz, and that it was taken from him by the defendant.

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

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