Carmona

Defendant was tried and convicted upon an information filed by the district attorney of Alameda County, charging a violation of section 476 of the Penal Code.

From the judgment following the verdict of guilty, and from the order denying his motion for a new trial, the defendant has appealed.

The information is in the language of the statute, and the charging part thereof is as follows:

The defendant demurred generally and specially to this information and the demurrer was disallowed by the trial court. Defendant challenged the sufficiency of tie information on various grounds; among others, that it did not state a public offense and that it did not substantially conform to the requirements of section 950, 951, and 952 of the Penal Code of the State of California, in that it did not contain a statement of the acts constituting any offense in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended.

It is well settled under our system of pleading in criminal cases that an offense may be charged in the language of the statute, but where particular circumstances of an offense are necessary to constitute a complete…