Welch

People v. Welch

Good Law
1928 Cal. App. LEXIS 165·89 Cal. App. 18·264 P. 324
Court of Appeal of CaliforniaFebruary 4, 1928Docket No. 1550.California3,891 words

Opinion

Lead Opinion

Hahn, J.

Appellants were charged by information filed by the district attorney of Los Angeles County, in count I with the crime of criminal conspiracy; in count II with the crime of assault with a deadly weapon with intent to commit murder; in count III defendant Welch was charged with having in his possession, custody, and under his control, a revolver capable of being concealed on his person, he having been previously convicted of a felony; and in count IV defendant Grace was charged with .the same offense which Welch was charged with in count III.

The information was attacked by demurrer upon the following grounds: First, that the court had no jurisdiction of the offense charged; second, that the information does not substantially conform to sections 950, 951, and 952 of the Penal Code; third, that more than one offense is charged in said information, and the information does not conform to section 954 of the Penal Code; and, fourth, that the facts stated in the information do not constitute a public offense.

The demurrer was overruled, and the defendants put upon trial before a jury, which resulted in verdicts of guilty upon each of the counts. The jury also found as true the…

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