People v. St. Clair
Cases that cite this one
5 later published cases cite this decision.
- People v. Brown (Cal. 1988)
- United States v. Mechanik (Supreme Court of the United States 1986)
- People v. Ross (Cal. 1967)
- Commonwealth, Aplt. v. Taylor, N. (Pa. 2024)
- People v. Egan (Cal. Ct. App. 1928)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The indictment charges an entry into a stable with intent to commit “larcey.” Burglary is the entering of a house, etc., “ with intent to commit grand or petit larceny, or any felony.” (Pen. Code, § 459.) There is no such felony as “ larcey ” known to our "law. “Larcey ” is certainly not “larceny,” nor does the maxim, idem sonans, apply.
It is said that the Court must give judgment without regard to the technical errors or defects, or to exceptions which do not affect the substantial rights of the parties. (Pen. Code, § 1258.) But this is more than a departure from an established form; nor is it a case in which facts are averred in the indictment, which sufficiently indicate the sense in which the word purporting to name the crime is employed; but is a failure to describe any ofíense.
Judgment reversed, and cause remanded for a new trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.