Foster

The defendant, a married man, was tried and convicted of the offense of statutory rape committed upon the person of one Margaret McGregor, a female of the age of fifteen years, and not the wife of the defendant.

The information upon which the defendant was tried charged the commission of the offense in the county of El Dorado on or about the eighth day of September, 1930. The record shows that beginning some time during the month of June and continuing up to and including some time during the month of September, 1930, the defendant had sexual relations with the minor female named in the information. After the jury had been impaneled, the district attorney, in his opening statement to the, jury, stated he elected to try the defendant for the commission of such an offense perpetrated upon the person of the minor female, as and of about the eighth day of July, 1930. At the conclusion of the trial the court instructed the jury that the prosecution had elected to stand upon the offense charged as having been committed in the month of July, on or about the date named and instructed the jury that the date mentioned in the information, to wit, the eighth day of September, 1930, was…