Webber

Defendant was accused by the district attorney of Solano County of the crime of burglary, committed as follows: “The said Edward Webber on the twenty-first day of January, A. D. 1891, at and in the state of California, . . . did unlawfully, feloniously, and burglariously enter a certain railroad car and train, to wit: a railroad car and train owned and operated by the Southern Pacific Company (a corporation), said railroad car and train, at the time aforesaid, being in the prosecution of its trip, and Solano County, in said state of California, at said time, being a county through which said car and train passed in the course of its said trip, with felonious and burglarious intent, then and there, and in said railroad car and train, to commit the crime of larceny, contrary,” etc. Defendant was found guilty, and now appeals from the judgment of conviction and from the order denying his motion for a new trial.

Defendant demurred to the information on the grounds that,—1. That “it does not substantially conform to the requirements of sections 950, 951, 952 of the Penal Code”; and 2. That the facts stated do not constitute a public offense. A motion was made in arrest of judgment on…