Clayberg

The defendant was charged by an information, filed in the superior court of Humboldt County, with the crime of rape, alleged to have been committed on the twenty-ninth day of May, 1914, upon the person of one Garland White, a female. Upon said information the defendant was duly tried, and a verdict of guilty of the offense so charged was returned by the jury.

The defendant moved for a new trial, which was denied, and from the judgment and the order denying said motion he presents these appeals.

The first point made by the defendant is that the district attorney was without authority to file a new or, as he calls it, “an amended” information, after a second information, substituted for the original filed by the district attorney, had been set aside on motion.

It appears that by the complaint filed in the magistrate’s court, and which constituted the foundation of the preliminary hearing of the charge against the defendant, the latter was accused of statutory rape—that is to say, he was thus accused of criminally violating the person of the prosecutrix, “then and there under the age of eighteen years, to wit: of the age of seventeen years,” the element of force not being therein…