Kloss
People v. Kloss
Opinion
Lead Opinion
Barnard, J.
The facts in this case are practically identical with a part of the facts in the case of People v. Hatfield, 129 Cal. App. 162 [ 18 Pac. (2d) 366 ]. The evidence indicates that these defendants either disposed of the body referred to in the case just mentioned or assisted in the disposal of the same. In the present case the defendants were charged with being accessories after the fact, under section 32 of the Penal Code. They were tried by a jury and from a judgment of conviction following a verdict and from an order denying a motion for a new trial, this appeal is taken.
The main ground urged for reversal, which we think must be sustained, is that the information does not state facts sufficient to constitute a public offense. The charging part of the information reads as follows: “The District Attorney of the County of Imperial hereby accuses Robert Kloss and John Williams of a felony, to-wit: Violation of Section 32 of the Penal Code of California, to-wit: Accessories after the fact, in that on or about the 10th day of May, 1932, in the County of Imperial, State of California, the said defendants, Robert Kloss and John Williams, who, after having full knowledge that a felony…