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119 Cal. 113

People v. Taylor

California Supreme Court

Decided November 29, 1897

California Supreme Court · decided 1897-11-29

<p>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.</p> <p>The facts are stated in the opinion of the court.</p>

Decided 1897-11-29

THE COURT.

¶1This 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.”

¶2No 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.

¶3The judgment is affirmed.

¶4Hearing in Bank denied.

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