Bruno

Defendant was convicted of the crime of kidnaping and as punishment was sentenced to imprisonment in the state prison. He appeals from the judgment, upon the grounds, first, that the information does not charge the offense of kidnaping, as defined by section 207 of the Penal Code; second, that the evidence is insufficient to support the conviction; and, third, that the court misdirected the jury in matters of law.

The information charges that “The said defendant, on or about the 27th day of October, A. D. 1919, at the County and State aforesaid, did willfully, unlawfully, feloniously and forcibly without lawful warrant or authority and against the free will and without the consent of one Rosie Sunzeri steal, take, kidnap and carry said Rosie Sunzeri from a place in said County near the McKinley School, on McLaughlin Ave. in the County of Santa Clara, State of California, into another part of said County of Santa Clara, State of Calk fornia, to wit: the home and dwelling óf Tony Cracolice on White Road, all of which is contrary to the form, force and effect of the statute in such ease made and provided, and against the peace and dignity of the people of the State of…