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People v. Taylor

119 Cal. 113 Court Department One. Decision date 1897-11-29 Docket Crim. No. 339 English

Contents

Majority

p. 113
[Crim. No. 339.
Department One.
November 29, 1897.]
THE PEOPLE, Respondent, v. JOHN TAYLOR, Appellant.

Headnote

Criminal Law—Pleading—Information fob Felony—Absence of Conclusion Contra Formam Statuti—Motion in Arrest of Judgment.—The failure of an information for felony to allege that the acts which constituted the felony were done “contrary to the force and effect of the statute in such cases made and provided,” no demurrer having been interposed to the information upon that ground, does not go to the jurisdiction of the court, nor disclose a failure to state a public offense, and is not ground for a motion in arrest of judgment.
APPEAL from a judgment of the Superior Court of Alameda County and from an order denying a motion in arrest of judgment. F. B. Ogden, Judge.
The facts are stated in the opinion of the court.
R. B. Myers, and William H. O’Brien, for Appellant.
W. F. Fitzgerald, Attorney General, and Charles H. Jackson, Deputy Attorney General, for Respondent.

This appellant complains that his motion in arrest of judgment should have been granted. The contention is based upon an alleged defect in the information, wherein it fails to allege that the acts done by appellant which constitute the burglary were done “contrary to the force and effect of the statute in such cases made and provided.”

No demurrer was interposed to the information, and under those circumstances no defect appearing upon the face of the information can be considered, unless it bears upon the matter of jurisdiction. The defect in the information here relied upon in no sense is jurisdictional, neither does it disclose a failure to state a public offense, and for these reasons the motion to arrest the judgment was properly denied.

The judgment is affirmed.

Hearing in Bank denied.