(DOWNLOAD) "People V. Cole" by First Appellate District, Division Two District Court Of Appeal Of California * Book PDF Kindle ePub Free
eBook details
- Title: People V. Cole
- Author : First Appellate District, Division Two District Court Of Appeal Of California
- Release Date : January 25, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Defendant was convicted on two counts of possession and one count of transportation of marijuana. The two counts of possession were couched in identical language and each charged that defendant "on or about the 9th day of March nineteen hundred and fifty-one . . . did wilfully, unlawfully and feloniously have in his possession a quantity of marijuana . . ." The charging in identical language of apparently identical offenses, while perhaps permissible under the code which allows each offense to be pleaded in the language of the statute (Pen. Code, § 952), is confusing since it is impossible to determine as between the counts upon what facts the jury relied for the verdict of guilty on either count. That it was confusing to the jury as well is demonstrated by the fact, hereafter discussed, that the jury after retiring returned to court and requested a clarification as to what offense was intended to be included in each count. No objection to this uncertainty created by the form of the two counts was made so far as appears from the record but where two similar offenses are charged in one indictment to have been committed at the same time it would appear to be much better practice to include sufficient in the indictment or information to clearly differentiate the facts relied upon to constitute the separate offenses. Whether or not this would be required to satisfy Penal Code, section 950, subdivision 2, which requires "a statement of the acts constituting the offense . . . in such manner as to enable a person of common understanding to know what is intended" need not be decided since the defendant went to trial on the information as framed without objection. We simply point out this uncertainty because if the jury, for example, had found defendant guilty on one such count and not guilty on the other it would be impossible for an appellate court to determine the factual basis of the jury's verdict on either count. The simplification of criminal pleadings was a necessary and useful form but district attorneys should not carry such simplification to the point where uncertainties of the character found in this case are created. The charge of transportation was likewise alleged to have occurred on or about March 9, 1951.