Hopwood

This is an appeal by the People from an order of the superior court arresting judgment.

The information filed by the district attorney contained two counts. In the first count the defendant was charged with having committed the infamous crime against nature. In the second count he was charged with having committed certain lewd and lascivious acts upon the body of a child. The trial of the case resulted in his being convicted of both offenses charged. He thereupon moved for a new trial. This motion was granted as to the offense charged in the second count and denied as to the offense charged in the first count. He then presented to the court a motion in arrest of judgment, which was granted.

The motion in arrest of judgment was made on the ground that the facts stated in the first count of the information do not constitute a public offense. The first count of the information is in the following language:

The infamous crime against nature is denounced by section 286 of the Penal Code. This section does not define the offense. However, as was said by the court in People v. Green, 65 Cal. App. 234 [ 223 Pac. 1004, 1005 ], “every person of ordinary intelligence understands what that…