Opinion
Department One
Appeal from a judgment of the Superior Court of Yuba County.
COUNSEL:
E. A. Davis, for Appellant.
Attorney General Marshall, for Respondent.
JUDGES: McKee, J. Ross, J., and McKinstry, J., concurred.
OPINION
McKEE, Judge
[4 P. 1094] The only point made by the appellant in this case is, that "the information fails to allege that the property taken was the property of some person other than the defendant." But the information contains this averment, viz: "That the property taken was the personal property in the possession of Frederick Schwartz, * * * and that the same was taken from the person and against the will of him, the said Schwartz." We think this is a sufficient averment that the property belonged to Schwartz, and that it was taken from him by the defendant.
Judgment affirmed.