Legal Opinion

In the Matter of Burleigh

California Supreme Court

Decided September 30, 1904No. Crim. No. 1160PublishedCited by 24 opinions

The facts are stated in the opinion of the court. U. S. Webb, Attorney-General, J. C. Daly, Deputy Attorney-General, and George W. Jones, District Attorney, for Appellant.

1Opinion of the CourtMcFARLAND, J.

A written accusation under section 758 et seq. of the Penal Code was made by a grand jury, charging the respondent, Burleigh, with misconduct -in his office of supervisor. "He filed what we suppose may be called a demurrer,—that is, a written document containing objections “to the legal sufficiency of the accusation” as provided in sections 762-763. The demurrer was based on several grounds, and, among others, that the accusation did not substantially conform to the provisions of the Penal Code, or sections 950, 951, or 952 thereof, and that more than one offense was charged. The court below…

2Cases cited1 opinion

  1. People v. WardCalifornia Supreme Court · 1890

3Cited by24 opinions

  1. Schmidlin v. City of Palo AltoCalifornia Court of Appeal · 2008
  2. Fitts v. Superior CourtCalifornia Supreme Court · 1936
  3. People v. McKamyCalifornia Supreme Court · 1914
  4. People v. ElliottCalifornia Court of Appeal · 1953
  5. People v. HaleCalifornia Court of Appeal · 1965

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