Wilmot

Defendant was convicted of the crime of rape in the superior court of Monterey County and adjudged to suffer ten years’ imprisonment in the state prison. He appeals from the judgment and order denying his motion for a new trial.

The demurrer to the information was properly overruled. The only special ground of demurrer was, that it did not allege with sufficient' accuracy or particularity the place or locality of the commission of the alleged crime, and that said defendant is unable therefore to make a proper defense thereto. The information did allege that the offense was committed in the county of Monterey, state of California, and this was sufficient. The other objections to the information are without force. The only reasonable construction that can be given to the language used in the charging part is, that the defendant at a time prior to the filing of the information,— to wit, on or about the ninth day of May, 1901, in the county of Monterey, state of California, did willfully, unlawfully, and feloniously accomplish an act of sexual intercourse with the person named therein, and that said person was at the time of the accomplishment of said act a female under the age of…