Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-06-19

499 pending against him, and made the fol-
lowing order governing all the cases: "A
motion having been made by the defend
ants attorney in this case to dismiss this
Indictment, and it satisfactorily appearing
to the Court from the records thereof that
the defendant, \. d. January, was hereto
fore in this Court tried under Indictment
No. 496, charging him with the crime of
embezzlement by jury sworn to try the
cause, and that that jury on the Both day of
April, 1885, rendered verdict against said
defendant of guilty, and that that verdict
has not been reversed or set aside; and 1t
being admitted by the prosecution that the
substantive act alleged upon which the
criminal charge IN this indictment No. 497
is based is the same identical criminal act
as was alleged in Indictment No. 496 as
constituting the crime of enlightenment;
in other words, that the defendant was
there charged with embezzling the same
identical money which he is charged in
this indictment with having taken, and
that the same essential act of taking that
was proven in that case, would be the act
that would be relied upon anG proven 10
support and constitute the otfenSe charged
under this Indictment; the Court concludes,
as matter of law, that the defendant can
not be again put upon trial for the same
substantive criminal act for which he has
heretofore suffered conviction under in
dictment No. 1876, charging the same as
embezziement IL is therefore ordered that
this Indictment be and the same is hereby
dismissed, and the defendant discharged as
to the charge contained therein.
PoucE CouRr.-In the Police Court yes
terday w. X. Brown was tried on a charge
of mis- ieneanor in drawing water from
l. al
OF ire Wednesday morning, and convicted.
He Will receive sentence to-day. Jose
Castros case OF disturbing the peace,
family affair, was dismissed on payment of
costs.-.-..Ei. Rand and Jack Courtney were
found guilty of battery and fined $50 each,
with the usual alternative. All Steve was
found guilty of petit larceny in stealing
wood, and fined $50; or 30 davs...T The
cases Of LII ID and All Tick, charged with
Vagrancy, were continued until tomorrow
THE case of Charles Mains. for disturb
ing the peace, was dismissed on PAYMENT
of costs Jack Mckenna arrested for va
grancy, deposit forfeited.
FAILED TO Acknowledgements in the
cases Of Lee Brown and Thomas Fgan.
charged with an assault with a deadly
weapon upon John NJ. Hotz, was completed
Yesterday forenoon by Grove L. johnson
and l. s. Brown, and the jury retired about
HIS. They were called into Court at P.
NJ. and then sent out again until 7:30, when.
it becoming evident that they could not
agree upon a verdict, they were discharged.
II is understood that eight of them were for
acquittal and four for conviction.
RIVERSIDE RoAn ScHooL.-County SUI
perintendent Charles f. Bishop yesterday
visited the Riverside road school He ex-
amined the pupils in the various branches,
and expressed himself highly pleased with
their general proficiency, and was especially
gratifed with their elegant style of pen
manship. The silver medal donated by
the County Superintendent for meritorious
conduct and advancement in knowledge
was awarded by the vote of the school to
Master Herman Order.