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THE PEOPLE OF THE STATE OF CALIFORNIA v. PETER BURKE

         The indictment was sufficient, and the demurrer to it was properly overruled. (People v. Saviers , 14 Cal. 29; People v. Mills , 17 Cal. 276; People v. Farrell , 31 Cal. 576.)

         The motion for continuance was properly denied. No sufficient diligence was shown by appellant to procure the absent witness. Moreover, the motion was manifestly made not in good faith.

         JUDGES: Rhodes, J.

         OPINION

          RHODES, Judge

         The indictment is sufficient. The offense is charged in the words of the statute defining the crime of which the defendant was accused. (People v. Martin , 32 Cal. 91; People v. English , 30 Cal. 216; People v. Garcia , 25 Cal. 531.)

         The affidavit of the defendant does not show sufficient diligence on his part to entitle him to a continuance. (People v. Williams , 24 Cal. 31.)

         Judgment affirmed.

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People v. Burke
(Jan 1, 1868)