59 P. 836 | Cal. | 1899
This is an appeal from an order sustaining defendant's demurrer to an indictment. The grand jury of Santa Clara county, on the ninth day of May, 1899, presented an indictment against the defendant in the following language:
"The said Samuel B. Terrill is accused by the grand jury of the county of Santa Clara, state of California, by this indictment, found this ninth day of May, A.D. 1899, of the crime of forgery, committed as follows: The said Samuel B. Terrill, on the first day of December, A.D. 1896, at the county and state aforesaid, uttered, published, and passed as true and genuine a certain false, forged, and counterfeit mortgage of said date, purporting to be made and executed by one George Donlan in favor of Clara A. Fread, said Samuel B. Terrill then knowing *100 the same to be false, forged, and counterfeit, with the intent on the part of said Samuel B. Terrill to prejudice, damage, and defraud said Clara A. Fread, contrary to the form, force, and effect of the statute in such cases made and provided, and against the peace and dignity of the people of the state of California."
To this indictment the defendant interposed a demurrer upon the grounds that it does not substantially conform to sections
It may be that the defendant is guilty of some offense, perhaps of forgery, but we have nothing to guide us except the indictment. The officer intrusted by the law with the duty of drawing the indictment should have set forth facts showing that a crime had been committed.
The order should be affirmed.
Gray, C., and Haynes, C., concurred.
For the reasons given in the foregoing opinion the order is affirmed. Garoutte, J., Harrison, J., Van Dyke, J.
Hearing in Bank denied.