Soto

Information for rape of female child under the age of sixteen. Verdict of guilty and sentence of twenty years in state prison. Appeal from judgment and order denying defendant’s motion for a new trial.

The crime is charged in the information to have been committed on or about the fifteenth day of January, 1906. The district attorney, in his opening statement, said that he would prove that the defendant had intercourse with the prosecutrix once in January, 1906, and twice in the month of February prior to the 20th of that month, whereupon the defendant moved the court to require the district attorney to select the date or particular act as to which he would ask a conviction. The motion being granted, the district attorney declared that he would stand upon the act of sexual intercourse which would fasten upon the defendant the paternity of a child of which the prosecutrix was delivered June 9, 1907. A more specific selection being demanded, the district attorney then stated that he would stand upon the first act proved, and, upon further objection, made his selection in the following language: “The prosecution will stand upon the first act of sexual intercourse which they claim…