O'Brien

The defendant was convicted of rape. The appeal is from the judgment and from an order denying a new trial. The points urged for reversal are, that the information was insufficient to sustain the judgment; that the verdict was contrary to the evidence; and that there were errors in the instructions and in the admission of evidence.

The offense charged, as alleged in the information, and as defined in the instructions, consisted in the defendant’s having sexual intercourse with the prosecutrix, “who (it is alleged) was .... prevented from resisting said act . . . . hy certain intoxicating, narcotic, and anaesthetic substdnee administered to her by and with the privity of” defendant,

The information was demurred to on the ground of uncertainty—the point of the objection being that the substance administered to the prosecutrix was alleged to be “at once intoxicating, narcotic, and anaesthetic,” and that the particular kind of substance is not named. But the objection, I think, is untenable. It is well settled that “where the statute enumerates several acts disjunctively, which separately or together shall constitute the offense, the indictment, if it charges more than one of them,…