Horvath

This is an appeal from a judgment of conviction of the defendant of the crime of rape.

Appellant contends that the information is insufficient in the several particulars set forth in the briefs of his counsel upon this appeal. No demurrer was presented to the information, and the first objection to either its form or substance was that contained in appellant’s application under section 1247 of the Penal Code for a transcription of the record; wherein the appellant, in stating the grounds of his appeal, asserts:

1. That the information does not subtantially conform to the requirements of sections 950 and 952 of' the Penal Code; and,

2. That the facts stated in said information do not constitute a public offense.

In the absence of a demurrer the first of these objections must be held to have been waived (Pen. Code, sec. 1012); and as to the second objection, we find it to be without merit. The information is drawn in substantial compliance with section 261 of the Penal Code, which has always been held sufficient in this state. (People v. Burke, 34 Cal. 661 ; People v. Rangod, 112 Cal. 669 , [ 44 Pac. 1071 ].)

The next objection of the appellant is that the evidence is not…