In Re Bergen

CRAIG, J.

This is a petition for writ of

habeas corpus.

The complaint, in so far as it is material here, reads as follows:

“Personally appeared before me this 11th day of August, 1922, George Hudson, of Bakersfield, in the County of

[227]

Kern, State

of

California, who being first duly sworn complains and accuses M. J. Bergen of the crime of Misdemeanor, to wit, carrying concealed weapon, committed as follows: That said M. J. Bergen, on or about the 10th day of August, 1922, within the corporate limits of the said city of Bakersfield, County of Kern, State of California, did then and there willfully and unlawfully conceal upon his person one Iver-Johnson 38 Pistol, without a license to carry such firearm.”

Petitioner contends that this complaint does not state facts sufficient to constitute a public offense. The language of the section of the statute (Stats. 1917, p. 221) under which the charge is made reads as follows:

“Subdivision 3. Carrying Firearms Without License, Misdemeanor. Every person who carries in any city, city and county, town or municipal corporation of this State, any pistol, revolver, or other firearm concealed upon his person without having a license to carry such firearm as hereinafter provided in Section 6 of this Act, shall be guilty of a misdemeanor.”

Section 1426 of the Penal Code requires that the complaint through which an action for a public offense is begun must set forth “the offense charged, with such particulars of time, place, person and property as to enable the defendant to understand distinctly the character of the offense complained of, and to answer the complaint.”

It seems apparent that in any accusation the name given the offense by the pleader is separate from the charging part of the instrument. This was held to be the rule in

People

v.