Wilhite

The defendant was accused of contributing to the delinquency of a minor under the age of twenty-one years. He was tried and convicted of the offense charged and from the judgment and order denying the motion for new trial the defendant prosecutes this appeal.

The information against the defendant was filed on the sixteenth day of June, 1919, and was thereafter followed by two amended informations covering the same offense which was charged in the original information. The second amended information was filed December 11, 1919, and alleges that: “The said E. C. Wilhite on, or about the 21st day of June A. D. 1918, at and in the said County of Stanislaus, State of California, and prior to the filing of this information did then, and there, to wit: in said County of Stanislaus, State of California, willfully, unlawfully and wrongfully have and accomplish an act of sexual intercourse with and upon one Bessie Robertson, then and there a female under the age of twenty-one years, to wit: of the age of eighteen years, and not then and there the wife of said E. C. Wilhite. That said act by the said defendant, did then and there manifestly cause, encourage and contribute, to the said…