People v. Travers

The defendant was charged in the information with an attempt to commit burglary,— whether in the night-time or daytime is not stated. The degree is not specified in the information. The defendant pleaded “ not guilty.” A trial was had. The jury rendered a verdict of “ guilty as charged,” and the court sentenced the defendant to imprisonment at San Quentin for the term of two years. The defendant appealed from the judgment, and his contention is, that the verdict is a nullity by reason of the omission to specify the degree of crime of which the jury found the defendant guilty.

Burglary is…