Fernandes

The defendants were convicted of simple assault, and also of the crime of kidnaping one Tiofolo Papito and carrying him from the county of Merced into the county of San Joaquin. From the judgment of conviction and the court’s denial of their motion for a new trial, the defendants appeal.

Upon this appeal no point is made as to the sufficiency of the testimony supporting the count charging assault, ■but reliance is based upon an alleged defect in the fifth count of the information filed against the defendants, charging the crime of kidnaping, in that it does not charge that the defendants intended or had any design to take the said Tiofolo Papito out. of the state of California.

So far as material here the count charging kidnaping is in the following words: “The said B. Fernandes, P. Dorian, C. Rondez and F. Rondez on or about the 8th day of May, nineteen hundred and thirty-two, at and in the said county of Merced, and State of California, and prior to the filing of this Information, did then and there unlawfully, wilfully, feloniously and forcibly, and without any lawful warrant or authority, steal, take, seize, kidnap and carry away one Tiofolo Papito, in the said County of…