People v. Swenson
California Supreme Court
Appeal from the County Court, County of San Joaquin. The indictment charged C. G. T. Swenson with the crime of “an assault with intent to commit murder, committed as follows, to wit: The said C. G. T. Swenson, on or about the 26 th day af January, a. d. eighteen hundred and seventy-four, at and in the county and State aforesaid, did assault, with intent to commit murder, one Benjamin Cook, then and there living, contrary to the form, force and effect of the statute,” etc.
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Appeal from the County Court, County of San Joaquin. The indictment charged C. G. T. Swenson with the crime of “an assault with intent to commit murder, committed as follows, to wit: The said C. G. T. Swenson, on or about the 26 th day af January, a. d. eighteen hundred and seventy-four, at and in the county and State aforesaid, did assault, with intent to commit murder, one Benjamin Cook, then and there living, contrary to the form, force and effect of the statute,” etc. After a verdict of guilty, the defendant moved that the judgment be arrested, because the facts stated in the indictment…
1Opinion of the Court
By the Court, McKinstry, J.:
By the indictment the defendant was accused “of the crime of an assault with intent to commit murder, committed as follows, to wit: The said C. G. T. Swenson, on or about, etc., did assault with intend to commit murder one Benjamin Cook.”
The defendant could have demurred to the indicment on the ground “that it did not substantially conform to the requirements of sections 950, 951 and 952,” if it did not contain the particular circumstances of the offense, and they were necessary to constitute the complete offense. But, having failed to demur he could not move in…
2Cited by17 opinions
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- People v. HewittCalifornia Court of Appeal · 1926
- People v. WeltonCalifornia Supreme Court · 1922
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