People v. Smith

Foote, C.

— The defendant was convicted of burglary, and appeals from the judgment rendered against him, and from an order refusing him a new trial. He demurred to the information, on the grounds,—1. That it did not conform substantially to the requirements of section 950, subdivision 2; 2. That the facts stated do not constitute a public offense; 3. That more than one offense is charged. His demurrer was overruled. He then pleaded not guilty, and was convicted as charged. After verdict, he moved in arrest of judgment, on the same grounds as those contained in the demurrer. The motion was…