In People v. Shuler (1865) 28 Cal. 490, the defendant was charged with robbery. The indictment stated that the defendant had robbed a man named Wyckoff by forcibly taking from him some property that belonged to another man named Whiting. On appeal, the defendant argued that the indictment was defective in failing to plead that the property was taken from Whiting without the latter's consent. The California Supreme Court rejected this argument, reasoning as follows. "The indictment does state that from the person and control of Wyckoff, and against his will, the defendants did feloniously, forcibly and violently steal, take and carry away the money and property described. It thus appears that Wyckoff had possession of the property when it was taken, for it was taken from his person and control. Having possession of it, the law deems that possession rightful, and therefore the right of Wyckoff to the possession need not be stated in the indictment." (Id. at p. 493.) The court went on to explain that "an indictment for robbery must contain an allegation as to the ownership of the property of which the party named was robbed, or that it did not belong to the defendant, but 'it is not necessary that the property should belong to the party from whose possession it was forcibly taken.'" (Id. at p. 494.)