People v. Sheldon

Seabls, C. — This is an appeal from a final judgment of conviction of the crime of injuring a public jail, and from an order denying a new trial. Defendant interposed a demurrer to the information upon the grounds, — >

1. That such information does not state facts sufficient to constitute a public offense.

2. That it charges more than one offense, in-that it charges the defendant with injuring the jail by digging a hole in the floor thereof, and with pulling down, prying up, and breaking a door of said building.

3. That it does not state the acts constituting the offense in ordinary and concise language, that may be readily understood and comprehended by a person of ordinary understanding, and does not state where said jail is situate or by whom owned, or what or which public jail is meant.

The substance of the information is that “ J. W. Sheldon, at the county of San Bernardino, state of California, on or about the sixth day of June, 1885, and prior to the filing of the information, did wrongfully, willfully, intentionally, and feloniously injure the county jail of San Bernardino County, by digging a hole in the floor thereof, r/id prying up, pulling down, and breaking -a certain door belonging to and being a portion of said jail, which said jail is a public jail for the confinement of prisoners,” etc.

Section 606 of the Penal Code provides that “every person who willfully and intentionally breaks down, pulls down, or otherwise destroys or injures any public jail or other place of confinement, is punishable by fine not exceeding ten thousand dollars, and by imprisonment in the state prison not exceeding five years.”

[436]The information, it will be perceived, charges the offense as having been committed at the county of San Bernardino, and in and upon the county jail of said county. This was sufficient as to the venue and situs of the property injured. The information charges the offense substantially in the language of the statute, which is deemed sufficient. (Peoples. White, 34 Cal. 183; People v. Phipps, 39 Cal. 326; People v. Martin, 32 Cal. 91; People v. Potter, 35 Cal. 110.)

There is but one offense charged in the information. But one breaking or injuring is charged. The defendant is charged with injuring the county jail by certain acts, viz., by digging a hole in the floor, prying up, pulling down, and breaking a door. The several acts go to make up and constitute a single injury.