Swaile

The defendant was informed against for the crime of placing an explosive near a dwelling-house with intent to injure, intimidate and terrify human beings. This, is alleged to have been done by depositing “at, in and near a certain dwelling-house, the property of Edgar W. Dickenson, to wit, upon the porch thereof, a certain nitro-glycerineexplosive commonly known as dynamite or giant powder; . . . that said nitro-glycerine explosive was so placed by said defendant at, in and near said dwelling-house as aforesaid with the intent then and there to injure, intimidate and terrify Edgar W. Dickenson and J. A. Dickenson, human beings.”’ The jury returned a verdict of “Guilty,” and defendant was sentenced to imprisonment in the state prison for a term of twenty years.

On this appeal, which is from the judgment and the order of the court denying him a new trial, appellant first urges as a reason for a reversal: That the information does not. state a public offense in this, that the explosive named is not one of those enumerated in section 601 of the Penal Code-under which the charge was made; also, that the “intent” with which the act was done was not specifically alleged, three different…