Ward

The appellant was convicted of the “ crime of giving a bribe,” and appeals from the judgment and from an order denying a motion for a new trial.

The appellant demurred to the indictment upon the grounds that it does not substantially comply with the requirements of sections 950 and 952 of the Penal Code. His demurrer was overruled, and we think that the court erred in overruling it.

The indictment charges that the appellant did willfully, feloniously, etc., “ give a bribe” to a certain member of the board of supervisors, with intent to corruptly influence him in a certain matter; but it does not contain any averment of any act of appellant which brings his alleged conduct within the legal meaning of bribery. The indictment would be the same if it had merely charged, generally, that defendant “ bribed ” a certain person to do a certain thing. This would be the averment of a legal conclusion only, and as bad as a mere general averment that a defendant “ murdered ” somebody or “ stole” something.

Section 950 of the Penal Code provides that the indictment shall contain “ a statement of the acts constituting the offense in ordinary and concise language”; and section 952 provides…