Casdorf

People v. Casdorf

Good Law
1922 Cal. App. LEXIS 42·60 Cal. App. 106·212 P. 237
Court of Appeal of CaliforniaDecember 11, 1922Crim. No. 637.California765 words

Opinion

lead Opinion

Burnett, J.

The first point made by appellants is that the trial court should have sustained the demurrer to the indictment on the ground that it did not conform to the requirements of sections 950, 951, and 952 of the Penal Code, “in that there is uncertainty as to the offense charged and the particular circumstances of the offense charged.” It is admitted, however, that they were accused in the language of the statute in that “They were, and each of them was then and there willfully, unlawfully, feloniously and knowingly a member of an organization, society, group and assemblage of persons known and designated as ‘The Industrial Workers of the World,’ sometimes known and referred to as the I. W. W. and sometimes known and referred to as the ‘One Big Union,’ which said organization, society, group and assemblage of persons was then and there organized and assembled to advocate, teach and abet criminal syndicalism. ’ ’ This question has been recently considered by this court in the case of People v. Roe, 58 Cal. App. 690 [ 209 Pac. 381 ], wherein the charging part of the indictment was in the identical language of that before us, and it was held to be sufficient to so follow the language of…

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