Dykes

Appellant was charged, by an information filed in the Superior Court of Kings County, with the crime of murder, with a prior conviction of a felony. He admitted the prior conviction, and entered a plea of not guilty to the charge of murder. After arraignment, appellant demurred to the information on the ground that the facts therein stated did not constitute a public offense, and that said information did not substantially conform to the requirements of sections 950, 951 and 952 of the Penal Code. The portion of the information which charged appellant with the crime of murder, was in the following language:

The form of this information conforms to the provisions of sections 809, 951 and 952 of the Penal Code as those sections were amended in 1927 and 1929 (Stats. 1927, pp. 1043, 1045; Stats. 1929, p. 303), the latter section providing that “In charging an offense, each count shall contain, and shall be sufficient if it contains in substance, a statement that the accused has committed some public offense therein specified.” An information drawn in the general form prescribed by the foregoing sections of the Penal Code has been held sufficient. (People v. Coen, 205 Cal. 596 [ 271…