People v. Chuey Ying Git

Good Law
100 Cal. 437·1893 Cal. LEXIS 815·34 P. 1080
Supreme Court of CaliforniaDecember 21, 1893No. 21013California1,342 words

Opinion

lead Opinion

Searls, J.

The appellants were accused by information of the crime of robbery, and upon a trial Woo Ah Woy and Chung Ki Foon were convicted.

The appeal is prosecuted from the final judgment, and from an order denying a new trial.

The first objection to the judgment is that the court erred in rendering judgment against the defendants in the case, “because the information upon which said defendants were tried and convicted did not state facts sufficient to constitute a public offense.”

The information is in all respects in consonance with the usual form in cases of robbery, except that the only description of the property taken is as follows, “ personal property, to wit: money, jewelry, and hair ornaments.”

There is no demurrer interposed to the information, no objections to testimony upon the ground of the insufficiency of the information and no motion in arrest of judgment.

All objections appearing upon the face of the indictment must be taken by demurrer, “ except that the objection to the jurisdiction of the court over the subject of the indictment or information, or that the facts stated do not constitute a public offense, may be taken at the *439 trial, under the plea of not guilty,…

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