Ex parte Bell

California Supreme Court October 18, 1893

Ex parte Bell, 4 Cal. Unrep. 309 (Cal. 1893)

34 P. 641; 1893 Cal. LEXIS 1082

Opinion of the Court

PER CURIAM.

The petitioner was accused by information of the crime of grand larceny, and, after a trial in the superior court, convicted of petit larceny. His imprisonment in the county jail upon that conviction is alleged to be unlawful, because the superior court has no jurisdiction of petit larceny. *310But the charge of grand larceny gave the superior court jurisdiction, and the statute authorizes a conviction of petit larceny, when grand larceny is charged: Pen. Code, sec. 1159. Writ denied.

Reference

Full Case Name: Ex Parte BELL
Status: Published
Syllabus: Larceny—Jurisdiction of Superior Court.—Where a defendant is convicted in the superior court of petit larceny, on an information which charges him with grand larceny, he may be confined in the county jail under such conviction, though the superior court has no jurisdiction of petit larceny, since the charge of grand larceny gave the court jurisdiction, and Penal Code, section 1159, authorizes a conviction of petit larceny when grand larceny is charged.