47 Cal. 101 | Cal. | 1873
The only point upon which the appellant relies for a reversal of the judgment in this case is the insufficiency of
It is objected that the indictment does not contain a statement of the acts constituting the supposed offense in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended; that it does not by direct averment charge that the defendant inflicted a mortal wound; and that it contains no averment to the effect that the defendant did of his malice aforethought kill and murder, etc.
So far as these objections go the indictment is substantially and almost identically the same as the indictment in the People v. Cronin, 34 Cal. 191. In that case, after able argument by distinguished counsel, and very full consideration by the Court, the indictment was held to be good, and we think rightly.
Upon the authority of that ease the judgment is affirmed and the case remanded with directions to the Court below to carry the sentence into execution. Bemittitur to issue forthwith.