Is there any difference between a charged and uncharged crime?

California, United States of America


The following excerpt is from People v. Floyd, 1 Cal.3d 694, 464 P.2d 64, 83 Cal.Rptr. 608 (Cal. 1970):

10 In People v. Haston, 69 Cal.2d 233, 246, 70 Cal.Rptr. 419, 444 P.2d 91, we noted that an inference of identity arises when the marks common to the charged and uncharged offenses logically operate to set these offenses apart from other crimes of the same general variety and, in so doing, tend to suggest that the perpetrator of the uncharged offenses was the perpetrator of the charged offenses. We also pointed out in Haston that one significant common mark in that case was the presence of the same person as one of the perpetrators of both the charged and uncharged offenses (69 Cal.2d at pp. 249--250, 70 Cal.Rptr. 419, 444 P.2d 91; see also People v. Cavanaugh, 69 Cal.2d 262, 273, 70 Cal.Rptr. 438, 444 P.2d 110).

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