Collins

The information charges the defendant with assault with intent to commit rape, the charging part being as follows: “Said William H. Collins . . . unlawfully, violently and feloniously did make an assault upon one Katie Simonetti, a female under the age of sixteen years, to wit, of the age of six years, who was not then or there the wife of said William H. Collins, with the intent then and there feloniously and by force and violence to carnally know and ravish the said Katie Simonetti and accomplish with her an act of sexual intercourse against her will, without her consent and by force, contrary to the form, etc.”

Defendant’s counsel insists that the information is not sufficient, because it does not allege that the assault was an attempt to commit a violent injury upon the person of the child so as to show an assault as defined in section 240 of the Penal Code.

There was no demurrer to the information, and the point is for the first time raised in this court. However, we are of the opinion that the information is sufficient. It substantially follows the language of the statute, which is: “Every person who assaults another with intent to commit rape, etc.” (Pen. Code, sec. 220.)…