State, in Interest of Gonzales

(concurring, dissenting in part) :

I concur in affirming the conviction on the first count. But as to the second, I make this observation: Our statute Sec. 77-21-8, U.C.A.1953, provides:(1) The information or indictment may charge, and is valid and sufficient if it charges the offense ... in one or more of the following ways:(a) By using the name given to the offense by the common law or by a statute.(b) By stating so much of the definition of the offense, either in terms of the common law or of the statute defining the offense or in terms of substantially the same meaning, as is sufficient to…