Hawley

Defendant appeals from a judgment of conviction of the crime of attempt to commit grand theft, as well as from an order by which his motion for a new trial was denied.

The indictment against defendant in effect charged him with the commission of the crime of “attempt to commit grand theft” in that defendant “did wilfully, unlawfully and feloniously attempt to take property,” etc.

In urging a reversal of the judgment, appellant contends that the indictment fails to state the commission of a public offense; that it does not conform to the requirements of sections 950 and 952 of the Penal Code in that it is neither direct nor certain either in regard to the offense charged or to the circumstances thereof; and that the indictment fails to inform the defendant “of the nature and cause of the accusation against him,” and contains no statement of the acts constituting the offense “in ordinary and concise language and in such manner as to enable a person of common understanding to know what is intended.”

It is possible that, in accordance with rulings contained in authorities cited by appellant, all of which were rendered prior to statutory amendments in 1927 [Stats. 1927, p. 1043] and…