People v. Maine

The defendant was convicted upon an information charging the commission of a felony, omitting mere formal allegations, in the following words, to wit:

From the order denying his motion for a new trial and the judgment of conviction, the defendant appeals.

Upon this appeal it is urged that the information does not describe a public offense; that section 288 of the Penal Code is unconstitutional; that the evidence is insufficient to. warrant the verdict; that the court erred in its instructions and in the admission of testimony; and that the district attorney was guilty of misconduct.

To the point that the information is insufficient to state a public offense, we are cited to the case of People v. Grinnell, 9 Cal. App. 238 [ 98 Pac. 681 ]. In that ease, however, the information did not state the specific acts with which the defendant was charged. The information simply contained in its charging part words to this effect, that the defendant did wilfully and lewdly commit a lewd and lascivious act with and upon the body of a minor child, with intent, etc. The mere comparison of the information in the instant case with the case relied upon demonstrates that the objection to the…