Neil

People v. Neil

Good Law
1891 Cal. LEXIS 1111·91 Cal. 465·27 P. 760
Supreme Court of CaliforniaOctober 1, 1891No. 20834California1,257 words

Opinion

Lead Opinion

Fitzgerald, J.

The defendant was tried and convicted in the court below upon an information charging him with illegal voting, and sentenced to imprisonment in the state prison for tire term of one year. The information, which charges, in the language of the code, that the defendant fraudulently voted at an election, when he was not entitled to vote, was demurred to on the following grounds: 1. That the facts stated in the information do not constitute a public offense; 2. “That the information does not substantially conform to the requirements of sections 950, 951, and 952 of the Penal Code in this, that it is alleged that defendant was not entitled to vote at the election therein mentioned, but it is not alleged what qualification of a voter he does not possess.”

The demurrer was overruled. After verdict, and before the defendant was called for judgment, he moved the court in arrest of judgment on the first ground stated in the demurrer, which motion was denied by the court.

The case is brought here by appeal, upon the judg *467 ment roll, from the judgment rendered upon the conviction, and from the order denying the defendant’s motion in arrest of judgment.

The only question presented for…

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