15 Cal. 426 | Cal. | 1860
Field, C. J. concurring.
There is nothing in either of the points made by the defendant’s counsel.
1. The evidence tended to show that the offense was committed within the jurisdiction of the Court, and the verdict of the jury is conclusive of the question. In addition to this, it does not appear that all the evidence is set forth in the record.
2. The Act of April 23, 1858, authorizing the Board of Supervisors of the city and county of San Francisco, to appoint an Assistant Prosecuting District Attorney, does not define specifically the duties of that officer, except that it provides that he shall be “ the Prosecuting Attorney for the Police Court of said city and county.” The act evidently contemplates, however, that he shall assist the District Attorney in the discharge of all his official duties. The section authorizing the appointment reads as follows: “ To have power to appoint an Assistant Prosecuting District Attorney, who shall hold said office during the pleasure of said Board. The said assistant shall also be the Prosecuting Attorney for the Police Court of said city and county, and shall
Judgment affirmed.