Akens

Defendant was charged with having had carnal intercourse with a female under the age of consent and he was convicted of “assault with intent to commit rape.” Several reasons are urged by appellant for reversal but the most serious question, which is not discussed or suggested at all, is whether the verdict is within the scope of the information—in other words, whether the defendant was convicted of a different crime from that charged against him.

The charging part of the information is that “The said Jack Akens did on or about the 12th day of May, A. D. 1913, at Butte County and state of California, and' before the filing of this information, wrongfully, unlawfully, willfully and feloniously accomplish an act of sexual intercourse with one Nora Heckart, the said Nora Heckart being then and there a female under .the age of sixteen years, to wit, of the age of eleven years, and not being then and there the wife of the said Jack Akens.” It is thus to be seen that the element of force is not charged, as indeed it is not required to constitute the offense of rape on the person of a female under the age of consent. The crime of assault with intent to commit rape necessarily implies,…