Wilson

Defendant was tried and convicted upon an information charging incest upon his daughter—a girl of fifteen years of age. From the judgment following the verdict and from the order denying his motion for a new trial he has appealed on a typewritten record.

On August 31, 1925, the district attorney of Fresno County filed an information against the defendant charging him with the crime of incest upon his daughter alleged to have been committed on July 19, 1925. On September 8, 1925, this information was dismissed, without the assignment of any reason therefor, after. the grand jury of the county had indicted defendant on two counts— one charging incest, the other charging rape, but both alleged to constitute different statements of the same act. On September 23, 1925, a new indictment was filed containing six counts. This indictment specified three separate criminal acts alleged to have been committed on or about January 27, 1925; July 11, 1925, and July 16, 1925. Two counts covered different statements of each act—one charging incest and the other rape. The defendant was tried on this indictment and the jury returned a verdict of acquittal. Thereafter a new information was filed…