People v. Gregory

The defendant was convicted of the crime of “committing a lewd and lascivious act upon and with the body of a child under the age of fourteen years,” and was thereupon sentenced by the court to serve a term of ten years in the state penitentiary.

The testimony discloses that the person upon whom the offense is charged to have been committed is the minor daughter of the accused. The evidence also shows that the alleged crime was perpetrated a trifle over a year prior to the making of the order by the magistrate, holding the defendant to trial, and that at that time the child with whom the alleged act was committed was nine years of age.

1. The defendant moved to set aside the information filed against him in the superior court by the district attorney on the ground that before the filing of the same he ‘‘had not been legally committed by a magistrate.” The bill of exceptions shows that said motion was made on the complaint filed before the magistrate and upon which the warrant for the arrest of the accused was issued, the order of commitment and two affidavits made by the defendant. One of these affidavits alleges that Orra Gregory, who swore to the complaint before the…