Baker
People v. Baker
Opinion
lead Opinion
McFarland, J.
The defendant was charged with and convicted of the crime of forgery, and appeals from the judgment and also from an order denying a motion for a new trial.
The appellant makes a great many points in his briefs, and elaborately argues them; and we will notice briefly what we consider the most important of such points.
1. Appellant contends that the information is fatally defective because the word “ information” is not used in the body of that pleading. The word “ information” appears as a heading of the pleading, and the body of the pleading commences as follows: “ The said Edward L. Baker is accused by the district attorney,” etc. But, as the pleading alleges all the facts necessary to constitute the crime sought to be charged, it is not defective merely because the word “ information” is not used in the body of the instrument. The variation from the usual form was, we presume, the effect of oversight, or, perhaps, of an unexplainable desire to take a new departure; but this variation is not sufficiently material to make the pleading invalid.
We think, also, that the averment of venue is sufficient; the words “ county of Los Angeles, state of California,” having been used in…