Fowler

The information charges that the defendant, on the twelfth day of June, 1889, “did willfully, unlawfully, and feloniously take away one Rosa Keep, then and there being an unmarried female under the age of eighteen years, to wit, of the age of fourteen years, *138 from and out of the custody of Maria Keep, her mother, without the consent and against the will of her said mother, for the purpose of prostitution.” Section 267 of the Penal Code provides: “ Every person who takes away any female under the age of eighteen years from her father, mother, guardian, or other person having the legal charge of her person, without their consent, for the purpose of prostitution, is punishable,” etc. The information follows the language of the statute, and is sufficient. It alleges all the acts and facts which the legislature has said shall constitute the offense, and is direct and certain, both as to the party charged and the particular offense charged. These are the tests of sufficiency in matters of averment. It was not necessary to allege that the mother had the “ legal charge ” of the person of the girl. One who takes a minor female from the actual custody of her mother for the purpose of…