The record-union., 1892-05-30
THE COURT Was RIGHT.
A YoIo County Judgment Sustained
by the Supreme Court.
Burglar George Hall Falls to Escape
on the Strength of His Over
ruled Demurrer.

The decision of the Supreme Court was
filed Saturday in Deputy Clerk Govan's
office in the case of the people VS.. George
| Hall appellant. Hall was convicted in
| Yolo County Of the crime of burglary in
the second degree, and sentenced to the
State Prison for ten months. He ap-
pealed from the judgment and order de-
nying a new trial.
In the information it was charged that
''the said George Hall, on or about the
2Sth day of June, 1891, in the county Of
Yolo, State of California, then and there
being, did willfully and unlawfully and
feloniously, enter certain dwelling
house, which said dwelling-house was
then and there the property Of one Joseph
| Glide, with intent then and there to COM
NIT grand and petit larceny" etc.
| The defendant demurred to the in
| formation on the ground-frst, that it did
not substantially conform to the require
ments OF Sections $50, 951 and 952 of the
| Penal Code, in that it did not contain
! statement Of the acts constituting the
| offense in ordinary and concise language,
| and in such manner as to enable per-
| son of common understanding to know
| what was intended; and also that it
! could not be ascertained therefrom what
| offense was charged. Second, that it did
not conform to the requirements Of Sec
ton 954 of the Penal Code, in that it
| charged two offenseS, namely-an entry
| with intent to commit grand and petit
| larceny.
The demurrer was overruled, and ap-
| pellant contended that the ruling was
erroneous, because the information, in
effect, charged the commission Of two
| burglaries. The Supreme Court says:
Under our statute every person who
! enters any house with intent TO commit
grand or petit larceny, or any felony, is
guilty OF burglary. (Penal Code, Sec.
| 459) The wrongful entry with intent to
commit any of the crimes referred to con-
stitutes the otfense, and it is complete
when the entry is made, whether the in
| tent be atterward consummated or not.
An entry may be made with intent to
commit two or more felOnies, but that
| would constitute only one burglary.
! (Peoplevvs. Milne, 60 Cal. H. If another
crime were actually committed, then for
| that another and separate charge should
| be made.
''In our opinion the information con-
formed with the requirements of the
| code, and charged but one oilense. The
| demurrer was therefore droperly over
ruled"
The appellant also conten6ed that,
II the information was good, still, in order
| to justify a conviction the prosecution
| should have proved an intent to commit
! both grand and petit larceny. 1.-The evil
! dence Says the Supreme Court is not
| brought up in the record, and it there
| fore cannot be aScertained what the
| proofs in this regard were. The bill of
exceptions only states that witnesses were
sworn and examined on the part of the
| prosecution, and testimony was intro
| duced tending to establish the guilt of
! said defendant 1t Will be presumed,
| therefore, that the evidence was sufficient
! to justify the verdict. But in our opinion
the prosecution needed only to prove that
defendant entered the building with in
tent to commit grand or petit larceny"
The decision then goes over testimony
which was objected to by the prosecution
and excluded by the court, and which
ruling was assigned as error; bat the Su-
| preme Court declares the evidence, which
was the dying declaration of one Kings
| bury, killed at the time of the arrest, and
who was in company with Hall, to be
! clearly inadmissible as dying declara-
ton, holding that "dying declarations
are restricted to the act Of the killing, and
| to the circumstances Immediately attend
| ing it, and forming a part Of the res
! gestR." The declaration offered in evil
| dence had no relation to the death of the
! deClarent.
| The Supreme Court further sustained
the ruling OF the lower court on number
! OF minor points, and in conclusion saws
! I'VE find no error in the record, and ad-
| wise the Judgment and order be atfirmedv