People v. Palermo Land and Water Co.

By an information filed by the district attorney in the superior court of Butte county, appellant was accused of the crime of "failing and refusing to sell and deliver water for the purpose of irrigating the orchard of William Hilemon." A motion was made to set aside the information on the ground "that before the filing thereof the defendant had not been legally committed by a magistrate." The motion was denied. A demurrer to the information was also interposed, setting forth: "1. That the court has no jurisdiction of the offense charged therein; 2. That it does not substantially conform to the requirements of sections 951 and 952 of the Penal Code; 3. That the facts stated do not constitute a public offense." The demurrer was overruled. Appellant was tried by a jury and convicted and was sentenced by the court to pay a fine of one hundred dollars. The appeal is from the judgment and an order denying the motion for a new trial. The charging part of the information is as follows: "The Palermo Land and Water Company, being at all times herein mentioned a corporation, duly organized and existing under the laws of the State of California, for the purpose of selling, distributing and…

The application that the above-entitled cause be heard and determined by this court, after decision in the district court of appeal for the third appellate district, is denied. In denying the application, it is proper to state that section 1427 of the Penal Code, as amended in 1905 (Stats. 1905, p. 706), apparently furnishes a rule of procedure in the case of a corporation charged with a misdemeanor triable in a justice's court or police court. *Page 723