People v. McCormack

Grain, J. •.

The defendant demurs to an indictment filed March 31, 1909, intended to charge him with the crime of grand larceny in the first degree as a second offense. An examination of the demurrer, in connection with sections '323 and 324 of the Code of Criminal Procedure, is necessary to determine to what extent it conforms to the requirements of the statute and what questions are presented by it for decision.

The demurrer does not follow the language of the Code and does not as distinctly specify the alleged grounds of objection *516to the indictment as it would have done had it followed such…