Hitchcock

The defendant was indicted for perjury. The indictment appears to have been copied in part from the case of People v. Ah Bean, 77 Cal. 12 . The opinion in that case set out the material part, of the, indictment, and in it occurs the expression,Did in a, manner material to the issue.” The word “ manner” is evidently a misprint, in that case, for the word “ matter.”. Here the word “manner” is used in the indictment.. *484 The indictment was not demurred to. At the close of the evidence on behalf of the people the defendant moved the court to instruct the jury to acquit the defendant upon the ground that the information did not state facts sufficient to constitute a public offense, and then first raised the question as to the use of the word “manner” instead of “matter.”

The indictment was in other respects sufficient, and in some particulars less open to criticism than that against Ah Bean. If the district attorney had read the opinion of the learned chief justice in- that case he would have seen that it was an error of the printer, as he afterward used the word “ matter” in precisely the 6ame connection.

We do not think appellant or his counsel could have been misled or…