Torres

Defendant was informed against and, after trial, convicted by a jury of his peers of the crime of child-stealing, under section 278 of the Penal Code—the child being a female of the age of thirteen years—and sentenced to imprisonment in the state prison. A brief statement of the facts follows:

The child lived with her parents near Garden Grove, in Orange County, on and for some time prior to February 8, 1920, at which time, it is claimed, “she went away with the defendant. ’ ’ From the record it appears that at about 10 o’clock at night defendant and the minor went to a “little house,’’ remaining there until about 3 o’clock in the morning, thence going to a “big house,” where they went to bed. The next day defendant was arrested. The girl remained at the “big house” until about 2:30 o’clock of the afternoon of the day of defendant’s arrest. The mother and stepfather of the child testified that neither had given consent to their girl’s going with the defendant. There was conflict in the evidence as to the material allegations of the information, which the jury settled in favor of the people.

As we gather from the record, three points are urged by appellant here for reversal: (1)…