Bryon
People v. Bryon
Opinion
lead Opinion
Belcher, J.
The respondent was charged by information with the crime of compounding a felony, and convicted. At the time set for pronouncing judgment he moved for an order in arrest of judgment, upon the grounds: “That the information in this action did not, and does not, state facts sufficient to constitute a public offense; that is, the facts stated do not constitute a public offense”; and “ that said information does not substantially conform to the law in such cases made and provided.” The court granted the motion, and the people appeal from the order.
*676 No brief has been filed on behalf of respondent, and we are left to solve the questions presented without any assistance from him.
Section 153 of the Penal Code provides: “Every person who, having knowledge of the actual commission of a crime, takes money or property of another . . . . upon any agreement or understanding to compound or conceal such crime .... is punishable,” etc.
The information charges that on or about the eleventh day of December, 1893, in the county of Merced, “one Maurice Hardy did commit the crime of grand larceny, a felony; that is to say, that at said time and place the said Maurice Hardy did willfully,…