Richards

This is an appeal by the People from a judgment of dismissal given upon an order sustaining defendant’s demurrer to an amended indictment. The amended indictment undertook to charge defendant with a violation of section 72 of the Penal Code, which, at the time of the offense alleged, read as follows: “Every person who, with intent to defraud, presents for allowance or payment to any state board or officer, or to any county, town, city, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony.”

The indictment contained nine counts, each charging in language identical with the others, except as to the details of the claim, the presentation of a false and fraudulent claim to the board of supervisors of the Los Angeles County Flood Control District. The only argument made by respondent in support of the order sustaining the demurrer is that said board of supervisors is not one of the boards described in section 72, and hence the presentation of a false claim to that board is not made a public offense by this section. Manifestly that board is not within the section unless…