Alviso

The defendants were indicted for the murder of John Ruhland. The indictment charges that on a day named, at the County of Monterey, the defendants “ did feloniously and unlawfully, and of their malice aforethought, kill and murder one John Ruhland, contrary,” etc. The defendants demurred to the indictment, on the grounds that the facts stated do not constitute a public offense ; that it does not contain a statement of the acts constituting the offense charged in ordinary and concise language, and in such a manner as to enable a person of common understanding to know what is intended; and that it is not certain and direct as regards the offense charged, nor the particular circumstances of the offense. The Court overruled the demurrer, and such ruling is assigned as error; counsel admitting that the decisions would sustain the indictment, but urging a reconsideration of the rules established. We are satisfied that the decisions are correct on principle, and that the Court below did not err in the ruling.

After the defendants had pleaded not guilty, the case was set down for trial, and the defendants in open court waived a separate trial. At the request of defendants’ counsel the…