People v. Phipps

The objection to the indictment, that it fails to give the proper legal appellation of the crime, is not well taken; it is but an objection to matter of form, not tending to the prejudice of defendant. The acts constituting the offense are sufficiently stated to give explicit information of the offense as defined by the statute, and the failure to insert the statutory appellation of the crime, in accordance Avith the form prescribed by Section 238 of the Criminal Practice Act, does not vitiate. (Crim. Pr. Act, Sec. 247; People v. Beatty, 14 Cal. 572.). Though an indictment give an erroneous…