Meraviglia

The defendant was indicted by the grand jury of Nevada County for the crime of rape with his own fourteen year old daughter, alleged to have occurred on or about January 1, 1925. No demurrer or motion to quash was filed. The defendant plead not guilty. He was tried by a jury and convicted.

The circumstances of the case are extremely revolting. The defendant had been separated from his wife for a number of years. His daughter was living at a convent in Grass Valley. He was guilty óf a course of immoral and lascivious conduct toward her for a period of time. This was for the apparent purpose of arousing her passions and intimidating her. His conduct and declarations were reprehensible and disgusting. Every necessary element of the crime was so conclusively proven, and the law affecting these questions is so well settled, that good faith in prosecuting this appeal may well be questioned.

Prom the judgment of commitment, and the order denying the motion for new trial, this appeal was taken.

The defendant urges a reversal of the judgment upon a claim that the record fails to show (1) that the grand jury was sworn, (2) that the prosecutrix was not the wife of the defendant, (3) that…