People v. Smith

— The defendant was convicted of burglary, and appeals from the judgment rendered against him, and from an order refusing him a new trial. He demurred to the information, on the grounds,—1. That it did not conform substantially to the requirements of section 950, subdivision 2; 2. That the facts stated do not constitute a public offense; 3. That more than one offense is charged. His demurrer was overruled. He then pleaded not guilty, and was convicted as charged. After verdict, he moved in arrest of judgment, on the same grounds as those contained in the demurrer. The motion was denied, as was also that for a new trial. As will be seen, according to the transcript, he did not state in which of the codes “ section 950, subdivision 2/' was contained; but presumably the court treated it as that in the Penal Code, or it may be that by clerical error it is omitted from the transcript.

The point most insisted upon by the defendant for a reversal of the judgment and order seems to be, as he claims, that the information did not state the degree of larceny with intent to commit which he feloniously and burglariously entered the premises he is charged to have burglarized.

His view of the…