Berg

Defendant was convicted of murder in the second degree. He appeals from the judgment of conviction and from an order of the trial court denying his motion for a new trial.

The information charges appellant with “the crime of murder, a felony committed as follows: That the said Arthur 0. Berg on the 13th day of June, 1928, at and in the County of Los Angeles, State of California, did wilfully, unlawfully and feloniously kill and murder one Page Walden, a human being.” The charge, thus made, was formulated, with some amplification, in accord with the language of section 951 of the Penal Code as amended in 1927 (Stats. 1927, p. 1043), which prescribes the form of indictments and informations. This section is a legislative exposition of the meaning of section 952 of the same code, also as amended in 1927, which provides that a criminal charge “shall be sufficient if it contains in substance a statement that the accused has committed some public offense therein specified” and that the “statement may be made in ordinary and concise language without any technical averments or any allegations of matter not essential to be proved. It may be in the words of the enactm'ént describing the…