People v. Thomas
California Supreme Court
Appeal from a judgment of the Superior Court of Shasta County, and from an order denying a motion in arrest of judgment.
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Appeal from a judgment of the Superior Court of Shasta County, and from an order denying a motion in arrest of judgment. The information is as follows:—Ezra Thomas is accused by the district attorney for the county of Shasta, State of California, by this information, of the crime of attempting to suborn perjury committed as follows: The said Ezra Thomas, on or about the 21st day of October, 1882, at and in the county of Shasta, and State of California, and prior to the filing of this information, then and there being, then and there did wilfully, deliberately, and feloniously attempt and…
1Per curiam
The demurrer to the information should have been sustained. The information neither gives the legal appellation of any crime, nor states facts necessarily constituting a crime. “Attempting to suborn perjury” is not the generic *483name of any class of offenses. There is nothing stated to indicate that the act of defendant would have resulted in a subornation of a witness if it had not been frustrated by extraneous circumstances (1 Wharton’s Cr. L. 181); or that the testimony which defendant tried to have given was material to the issue; or that he did not believe it to be true, or, indeed, what…
2Cited by5 opinions
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