Chadwick

The charge against the defendant was sending by telegraph a false and forged message, purporting to be from another person. The information was in the language following:—

The defendant was convicted, and appeals from the judgment and from the order denying his motion for a new trial.

The defendant demurred to the information, and upon this appeal urges the points made in demurrer. He contends that the information is insufficient under section 474 of the Penal Code, in that it fails to show that the message was sent by telegraph; the language of the information in this regard being, that he “did then and there willfully and unlawfully, feloniously and fraudulently, knowingly and designedly send the said message,” without alleging that he sent it by telegraph. But while the information is not a model of pleading in this respect, this defect, we think, is sufficiently cured by the allegation previously made that defendant made and forged “a certain telegraphic message,” the same message which later it is charged he sent. If a message be in fact a “telegraphic” message, as here stated, and if, as in this case it is charged, this message is sent, there is the declaration that the…