Buonocore

The defendant was convicted of the offense of maintaining a nuisance upon an information in the following words and figures, to wit: “Salvatore Buonocore is accused by the district attorney of said county of Sacramento, by this information of the crime of maintaining a common nuisance, committed as follows:

The defendant’s motion for a new trial being denied, the cause has been appealed to this court. Upon being arraigned on the information referred to, the defendant filed a demurrer stating six grounds of objection, only two of which we need to consider, to wit, the second, which reads as follows: “That said information does not comply with Section 952 of the Penal Code of the State of California in this: That it cannot be ascertained therefrom the offense charged or the particular circumstances of the offense charged which are necessary to constitute a complete offense” and the fourth assignment, to wit: “That said information is defective in this: That it charges two of the same offenses in the same paragraph and said defendant cannot understand whether or not he is charged with the unlawful possession of intoxicating liquor or is charged with maintaining a common…