People v. Butler

Defendants were jointly indicted by the grand jury of Sonoma County for the violation of section 72 of the Penal Code. There are four separate counts in the indictment and the charging matter or body of the indictment is substantially identical in each count, excepting the amounts therein named. The charging part of the indictment, as set forth in the first count, is as follows:

Section 72 of the Penal Code is as follows: “Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city, ward, or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of felony.”

The defendants interposed a demurrer to each count of the indictment on various grounds, general and specific, and on which it was alleged in the demurrer that the indictment does not specifically conform to the requirements of sections 950, 951, 952, and 954 of the Penal Code, or to either of said sections ; that the facts stated in said indictment do not constitute a public offense; that neither of said counts contains a statement of the acts…