52 P. 350 | Ariz. | 1898
The appellant was convicted of a violation of paragraph 105 of the Penal Code, which provides: “Every person who, with intent to defraud, presents for allowance or for payment to any territorial board or officer, or to any county, town, city, ward, or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of felony.” The charging part of the indictment upon which the prosecution was based is as follows: “The said George
The statute requires every indictment to contain a statement of the acts constituting the offense in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended. Pen. Code, par. 1457. It must also be direct and certain as regards (1) the party charged, (2) the offense-charged, and (3) the particular circumstances of the offense charged, when they are necessary to constitute a complete offense. Pen. Code, par. 1459. The statute further provides that no indictment is insufficient, nor can the trial, judgment, or other proceeding
Street, C. J., Sloan, J., and Doan, J., concur.