Spencer

The defendant was accused by dn information filed by the district attorney of Mendocino County in the superior court of said county of the crime of burglary.

The defendant demurred to the information on the grounds: 1. That said .information does not state facts sufficient to constitute a public offense; 2. That said information contains matters which, if true, would constitute a legal bar to the prosecution of said offense. The demurrer was sustained and the information thereupon dismissed. The people appeal from the judgment of dismissal after demurrer sustained.

The charging part of the information reads as follows: “That the said defendant, Annet Spencer, on the 19th day of February A. D. nineteen hundred and twenty-one at the said Mendocino County, State of California, and before the filing of this Information did then and there willfully, unlawfully and burglariously enter the outhouse of one Lorenzo Albonico at the rafich of said Lorenzo Albonico about one and one quarter miles East of the town of Covelo in said County with the intent then and there and therein to steal, take, and carry away certain intoxicating liquor, to wit: wine containing more than % of 1% by volume…