Los Angeles Charter. 1911 (Ex. Sess.), p. 135. 1911 (Ex. Sess.), p. 305. Misdemeanors. 1913, p. 1652. 1915, p. 112. 1915, p. 209. 1915, p. 589. ..... San Bernardino County Charter. Appeal Fish and Game. Justices of the Peace.... 110 Recall..... 163, 164, 165 201 442 390 390 210 478 240 .59, 62, 63 98 1915, p. 1727. San Bernardino County Charter.. .390, 392, 393 CODE OF CIVIL PROCEDURE. REPORTS OF CASES DETERMINED IN THE DISTRICT COURTS OF APPEAL OF THE STATE OF CALIFORNIA. [Crim. No. 339. Third Appellate District.-June 22, 1916.] THE PEOPLE, Respondent, v. ALBERT FRANCIS FERRARA, Appellant. CRIMINAL LAW-ROBBERY-EVIDENCE-REGISTRATION AT HOTEL UNDER OTHER THAN TRUE NAME-VERBAL PROOF BY WITNESS.-In a prosecution for the crime of robbery, it is not error to permit a witness, who went with the defendant on the night of the commission of the crime to an adjoining town, to testify that they went to a hotel and that the defendant registered under a name other than his true name. ID. STATEMENTS OF DEFENDANT AT PRELIMINARY EXAMINATIONPROOF BY REPORTER-REFERENCE TO NOTES NOT FILED.-In such a prosecution there is no error in allowing the phonographic reporter who acted at the preliminary examination to refer to his original notes to enable him to testify as to certain statements made by the defendant at such hearing, notwithstanding such notes had not been filed. ID. CONTRADICTORY TESTIMONY CONSIDERATION BY JURY-INSTRUCTION.-An instruction that contradictory testimony is admissible only for the purpose of impeaching the credibility of a witness and that the jury might not consider it as evidence of the truth of such statements, is properly refused. ID. GUILT OF DEFENDANT-TAKING OF PROPERTY BY FORCE AND FEARUSE OF DISJUNCTIVE-INSTRUCTION.-An instruction that if the jury found that the taking of the money was accomplished by means of "force or fear," they could find a verdict of guilty, is not erroneous, notwithstanding that the information charged that the tak ing was accomplished by means of force and fear. 31 Cal. App.-1 |