Terrill

Appeal from judgment and order denying motion for a new trial. The indictment is in the following language, to wit: —

1. The defendant claims that his demurrer to the indictment should have been sustained, upon the sole ground that the facts stated do not constitute a public offense. The indictment was evidently based upon section 476 of the Penal Code, which reads as follows: —

The defendant argues that the note referred to in the indictment purported to be the note of an individual, and that the indictment alleges that there was no such “ person ” in existence, whereas it should have alleged that there was no such “individual” in existence. It is evident, under the section, that where the instrument is alleged to be that of am individual, the indictment must show that there is no such individual in existence, but we think the indictment in this case does show such fact. It does not contain the word “individual,” but it plainly says, “the note of an individual, to wit, Leon McAbee (when in fact there was no such person in existence).” The word “person,” in the connection in which it is used, evidently and plainly refers to the antecedent, “ Leon McAbee.” The words “ such person…