Currie

Defendant was tried on an information accusing him with having unlawful sexual intercourse, on or about the twenty-fifth day of February, 1908,' with the female named, she then being under the age of sixteen years. He was convicted and sentenced to imprisonment for the term of sixteen years and six months. Motion for a new trial was denied and defendant appeals from the order.

This is the second appeal of defendant after having been twice convicted.

1. Appellant’s first point is that the complaint before the magistrate was sworn to by the district attorney “positively, not upon information and belief,” and that “no depositions accompanied the filing of the complaint and, the charge being a felony, the justice had no legal right to issue the warrant of arrest or hold the examination under such a state of facts.”

It is suggested as “a seeming legal impossibility that he (the district attorney) should know the facts of his own knowledge. ’ ’

There is nothing in the statute which disqualifies the district attorney from swearing to the complaint. The statute does not prescribe who shall make oath to the complaint. The argument that the defendant could not have and did not have a…