120 P. 40 | Cal. Ct. App. | 1911
Defendant was convicted upon an information charging him with the offense defined in section
A general demurrer was interposed to the information and by the court overruled. While the ruling is assigned as error, counsel for appellant state that they "submit it without argument or comment." We are unable to perceive wherein the *465
court erred in the ruling. The information is in the language of the statute and free from the defects pointed out by this court in the case of People v. Grinnell,
When the case was called for trial, on June 12, 1911, defendant moved for a continuance on the ground of the absence of material witnesses, and in support of his motion caused to be read and filed his own affidavit. The motion was denied, and this ruling is assigned as error. The affidavit is vague, indefinite and not such as would justify this court in holding that there was any abuse of discretion on the part of the trial court in denying the application. While it sufficiently shows the materiality of the facts to which it was averred the absent witnesses would testify, it is wholly lacking in that it fails to show any facts necessary to enable the court to determine that any effort, other than causing a subpoena to be issued and placed in the hands of the sheriff, had been made on the part of the defendant to procure their presence at the trial (People v. Ah Yute,
Our attention is not directed to any other alleged error.
Judgment and order affirmed.
Allen, P. J., and James, J., concurred.