97 P. 202 | Cal. Ct. App. | 1908
The appellant, Manuel Silva, and one Mary Rodrigues, were jointly charged by indictment, under section 269a, Penal Code, with the crime of living "in a state of open and notorious cohabitation and adultery with each other, said parties not being then and there married to each other." The indictment contained no direct charge that either of said parties was married at all. A demurrer was interposed to the indictment upon the grounds, among others: First, that the facts stated in the indictment did not constitute a public offense; and, second, that the indictment did not substantially conform to the requirements of sections
Section 269a provides that "every person who lives in a state of open and notorious cohabitation and adultery is guilty of a misdemeanor." The indictment charges that "the said Manuel Silva and said Mary Rodrigues, before the finding of this indictment and between the 1st day of February, 1907, and the 14th day of January, 1908, and at and *351
in the county of San Luis Obispo, state of California, did willfully and unlawfully live in a state of open and notorious cohabitation and adultery with each other, and the said Manuel Silva and the said Mary Rodrigues not being then and there lawfully married to each other, contrary," etc. The general rule is that an indictment is sufficient which charges the offense in the language of the statute. "When the statute defines or describes the acts which shall constitute a particular offense, it is sufficient in an indictment to describe those acts in the language employed in the statute. applying them, of course, concretely to the person charged." (People v. Ward,
It is next contended that the court, at the request of the state, erroneously embodied the substance of sections
The judgment appealed from is affirmed.
Allen, P. J., and Taggart, J., concurred.