Brady

Defendants were jointly accused of the crime of burglary, were tried together and convicted, the *721 jury returning the following verdict: “We, the jury in the above-entitled cause, find Walter Brady and George Helms, defendants, guilty in the first degree for burgulary.” Defendants moved for their discharge, and also for a new trial, and both motions were denied, and they appeal from the judgment and from the order denying their motion for a new trial.

1. The motion for discharge was on the ground that the verdict was no verdict, because there is no such offense known to the law as “burgulary”; citing People v. St. Clair, 56 Cal. 406 , where the indictment charged an entry into a stable with intent to commit “larcey.” It was held that there was no such felony as “larcey” known to the law, and that the maxim idem sonans did not apply. In that case the fatal defect was in the indictment itself, and not in the verdict of the jury. The error here was in the orthography of the word “burglary” as used in the verdict, and was merely a clerical error, which seems to have been overlooked by the court and counsel until the motion for a new trial was made. Where the intention of the jury…