Fuski

Appellant was convicted of the crime denounced by an act of the legislature passed in 1911 (Stats. 1911, p. 10.) The charging part of the indictment is as follows: “The said Joe Fuski on the- day of November, A. D. 1919, at the County of Sacramento, in the State of California, and before the finding of this indictment, did then and there knowing one Esther Greely, a female person, to be a prostitute, did then and there willfully and unlawfully, feloniously and knowingly derive support and maintenance from the earnings and proceeds of the prostitution of said Esther Greely, she the said Esther Greely being then and there a prostitute.” There was no demurrer to the indictment, but a motion was made in arrest of judgment on the ground that the indictment is fatally defective.

The points made on the appeal from the judgment and the order denying the motion for a new trial are: “1. That the matters alleged in the indictment do not constitute a crime or public offense. 2. That the evidence does not sustain or justify the verdict of conviction. 3. That the trial court erred in denying the defendant’s motion for change of venue. 4. That the trial court erred in overruling the defendant’s…