Barnett

The appellant was tried upon an information containing two counts, count number one charging the defendant with the crime of rape, in that he had sexual relations with a female under the age of fourteen years, not his wife, and count number two charging the defendant with lewd and lascivious conduct with a female, not his wife, and under the age of fourteen years, etc. Conviction was had upon the second count. The defendant’s motion for a new trial being denied, an appeal has been taken to this court.

Upon being arraigned upon the information referred to, the appellant interposed the following motion:

“Now comes the defendant above named and moves the court to set aside the second count of the information filed against him herein upon the following grounds, to-wit: 1. That the complaint or deposition against this defendant filed in the Justice’s Court of Hot Springs Township, on or about the 20th day of December, 1928, charged the defendant with ‘unlawfully and feloniously having an act of sexual intercourse with Roberta Salmon, a female, then under the age of eighteen years, and not the wife of said P. G. Barnett, ’ and did not charge the defendant with lewd and lascivious…