People v. Goggins

Foote, C. The defendant was indicted for the crime of grand larceny, and pleaded guilty to the charge. From the judgment rendered he appeals.

His argument is, that the judgment should be reversed, because the indictment failed to charge him with any crime whatsoever. It alleges, among other things, that the defendant: “Did willfully, unlawfully, and feloniously steal, take, and drive away fifty sheep, the property of Townsend and Carey,” etc.

The defendant claims that it does not appear therefrom that Townsend and Carey were partners in business, or a corporation; that there is no specific allegation to whom the sheep belonged; that in pleading guilty to the charge contained in the indictment, he did not confess himself to have committed any offense.

The sufficiency of indictments or informations in California are to be tested by statutory enactments. Section 959 of the Penal Code provides that “the indictment or information is sufficient if it can be understood therefrom. .....

“ Subd. 6. That the act or omission charged as an offense, is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is .intended.”

It must be presumed that the defendant was a person of common understanding. Would not such an individual have known from the language of the indictment [231]that he was charged with the larceny of fifty sheep, the personal property of two individuals comprising a partnership of Townsend and Carey ? And when he pleaded guilty, was he not intending to confess that he stole fifty sheep from the partnership composed of the two individuals just mentioned?

The case of People v. Henry, 77 Cal. 445, was one where the defendant was charged with the “ felonious entry of some building of the San Diego and Coronado Water Company, with the intent then and there to commit larceny.”

It was contended in that case “that, as the information does not state whether the San Diego and Coronado Water Company is a corporation or a partnership, and does not give the names of any persons composing the corporation or partnership, there is in a legal sense an entire absence of any allegation as to the party intended to be injured.”