71 P. 701 | Cal. | 1903
The defendant was charged with the crime of petit larceny and a prior conviction of another petit larceny. He confessed the prior conviction, and a jury found him guilty of the larceny charged. He appeals from a judgment sentencing him to three years in the state prison and from an order denying him a new trial. The only point made by him is to the effect that the "former conviction" was not properly charged in the information. That part of the information reads as follows: "The said A.J. Matuszewski is accused by the district attorney of and for the county of Los Angeles, state of California, by this information, of the crime of petit larceny, after a prior conviction of petit larceny, committed as follows: That on the sixth day of October, 1899, by a judgment of the police court of Los Angeles City, county of Los Angeles, state of California, the said A.J. Matuszewski, therein charged as John Doe Matezuski, was duly convicted of the crime of petit larceny, committed as follows: That the said A.J. Matuszewski, at and in the city of Los Angeles, county of Los Angeles, state aforesaid, did willfully, unlawfully, and feloniously take, steal, and carry away one set of single harness, with bridle, having leather-covered bit and open blinds, the personal property of C.A. Bright, and of the value of fifteen dollars, the lawful money of the United States." The information then goes on in due form to charge the commission of a second petit larceny by defendant on the seventeenth day of July, *535 1901, and no objection is urged to this latter part of the information.
The record discloses that the defendant demurred to the information on the following grounds only: "That the facts stated do not constitute a public offense; that said information contains matter which, if true, would constitute a legal bar to the prosecution. Section
The evident purpose of the foregoing sections is to compel the defendant to raise all questions going to the mere form of the information, and not to the jurisdiction or sufficiency of the facts, by demurrer to the information; and the penalty for not so raising such questions is, that they must thereafter be treated as having been waived. The defendant will not be permitted to lie by until he shall see the result of the trial of his case on its merits and then take advantage of some objection to the information that does not go to its substance and from which he could have been in no way misled or injured upon his trial.(People v. Rodley,
The attempted appeals from the order denying the motion in arrest of judgment and from the verdict we disregard, because they are not authorized by law.
The judgment and order denying a new trial are affirmed.