Souleotes

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

Two points are made upon the appeal. The first is that the information is fatally defective in the following respect: Instead of averring that the offense was committed upon the person of the minor “not being then and there the wife of said John Souleotes”; its words are “not being then and there with wife of said John Souleotes.” There was no demurrer or other objection to the sufficiency in form of the information until after the defendant’s conviction. We think the point made for the first time after conviction is without merit. The substitution of the word “with” for “the” was a mere clerical misprision by which the defendant could not have been misled, and to which he should have demurred. Not having done so, he must be held to have waived the objection.

The second point made by the appellant is that the court erred in overruling the defendant’s objection to the action of the court in requiring the minor girl who was the subject of the alleged crime to be sworn, and to testify as a witness against the defendant, it appearing to the court in support of the objection, that a marriage ceremony had been…