People v. Ostrander

This is an appeal from a judgment of the court below sustaining a demurrer to the indictment herein. Code Crim. Proc. §§ 275, 276, 284, and 285, provide the tests for determining the sufficiency of an indictment. “It must contain a plain and concise statement of the act constituting the crime, without unnecessary repetition, and it is sufficient if the act charged as the crime is plainly set forth with such a degree of certainty as to enable the court to pronounce judgment upon a conviction, according to the right of the case; and no indictment is insufficient, by reason of any imperfection…