Green

Appellant was convicted in the superior court upon an information charging him with assault with intent to commit the infamous crime against nature, denounced by section 220 of the Penal Code; the charging part of which information, essential to this appeal, read as follows:

Two grounds are urged for reversal of the judgment and order denying appellant’s motion for new trial: (1) That the information does not state facts sufficient to constitute an offense amounting to a felony, in that it fails to charge an attempt to commit an offense upon the person of a named individual; and (2) that the information therefore charges no more than assault, a misdemeanor, of which the superior court did not have jurisdiction.

Section 220 of the Penal Code provides that: “Every person who assaults another with intent to commit rape, the infamous crime against nature, mayhem, robbery, or grand larceny, is punishable by imprisonment in the state prison not less than one nor more than fourteen years.”

The question presented by appellant, and which is decisive of both grounds of this appeal, is as to the necessity of designating in the information the intended victim of the infamous crime which…