Hall

People v. Hall

Bad Law
1892 Cal. LEXIS 736·94 Cal. 595·30 P. 7
Supreme Court of CaliforniaMay 28, 1892No. 20895California1,683 words

Opinion

Lead Opinion

Belcher, J.

The defendant was convicted of the crime of burglary of the second degree, and sentenced to imprisonment in the state prison for the term of ten months; and the appeal is from the judgment and an order denying a new trial.

The charging part of the information was as follows: “ The said George Hall, on or about the twenty-eighth day of June, 1891, in the said county of Yolo, state of California, then and there being, did willfully, unlawfully, and feloniously enter a certain dwelling-house, *597 which said dwelling-house was then and there the property of one Joseph Glide, with intent then and there to commit grand and petit larceny,” etc.

The defendant demurred to the information, on the ground, — 1. That it did not substantially conform to the requirements of sections 950, 951, and 952 of the Penal Code, in that it did not contain a statement of the acts constituting the offense in ordinary and concise language, and in such a manner as to enable a person of common understanding to know what was intended, and also in that it could not be ascertained therefrom what offense was charged; and 2. That it did not conform to the requirements of section 954 of the Penal Code, in that it…

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