[DOWNLOAD] "White v. Leach" by Colorado Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: White v. Leach
- Author : Colorado Court of Appeals
- Release Date : January 10, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
Section 16-19-104, C.R.S. 1973 (C.R.S. 1963, 60-1-3), provides: "The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state." The appellant contends that he was not substantially charged with a crime under the laws of California because he was charged pursuant to the wrong statutory provision. The alleged criminal conduct which is in issue concerns Whites failure to pay a hotel bill which amounted to more than $100. The requisition papers reflect that White is charged with burglary, a felony defined in Cal. Penal Code ? 459 (West 1970). White asserts that he should have been charged with defrauding an innkeeper, a misdemeanor defined in Cal. Penal Code ? 537 (West 1970). In support of his position, White urges that California law requires a district attorney to charge the accused with a specific offense when the alleged conduct falls within the ambit of more than one statutorily defined crime. People v. Fiene, 226 Cal. App.2d 305, 37 Cal. Rptr. 925 (1964); People v. Wood, 161 Cal. App.2d 24, 325 P.2d 1014 (1958).