Macias V. State

ROSS, J. The defendant, Jesus Macias, was convicted of murder in the first degree, and sentenced to life imprisonment. He has appealed, and assigns several reasons therefor. He asserts that the information fails to charge murder in the first degree, and that his conviction thereof should be set aside. The allegation in the information is that "Jesus Macias on or about the 5th day of November, A.D. 1930 . . . did then and there wilfully, unlawfully and feloniously and with malice aforethought, kill and murder one Enrique Hernandez, a human being."