People v. Cole

Defendant was convicted on two counts of possession and one count of transportation of marijuana. The two counts of possession were couched in identical language and each charged that defendant “on or about the 9th day of March nineteen hundred and fifty-one . . . did wilfully, unlawfully and feloniously have in his possession a quantity of marijuana ...” The charging in identical language of apparently identical offenses, while perhaps permissible under the code which allows each offense to be pleaded in the language of the statute (Pen. Code, § 952), is confusing since it is impossible to…