King

This is an appeal from a judgment of conviction of the crime of rape and from the order of the trial court denying a new trial. The offense was committed against the stepdaughter of defendant, a girl of the age of fifteen years.

[1] Defendant’s first contention is that the information is insufficient. The allegation of which complaint is made is as follows: “The said Hayden King on or about the 1st day of May, A. D. nineteen hundred and twenty-one at the said city and county of San Francisco, State of California, then and there willfully, unlawfully and feloniously have and accomplish an act of sexual intercourse with and upon one ...” The omission of the word “did” before the words “have and accomplish” is asserted to be fatal to the information. At the trial, the defendant waived the reading of the information, a copy of same was given him and, thereupon, he entered a plea of “not guilty.” No demurrer, either general or special, was interposed, nor was there .any motion in arrest of judgment, and the first objection to the sufficiency of the information is made upon appeal. The jury was carefully instructed as to the statutory definition of rape and the law governing the…