People v. Mesa

The defendant was found guilty of an assault with intent to commit rape, and sentenced to be *583 imprisoned in the state prison for the term of ten years. He moved for a new trial, which was denied, and has appealed from the judgment and order.

The first ground urged for a reversal is, that the information was wholly insufficient to support the verdict and judgment, because it did not state the name of any person upon whom the rape was intended to be committed. The part of the information objected to is as follows: “ The said Juan Mesa .... did unlawfully, feloniously, with force and violence, assault Alice West-fall, a female child under fourteen years of age, with intent to commit rape, and without her consent and against her will.”

The Penal Code has the following provisions: —

The information is substantially in the language of the statute defining the offense, and there was no demurrer to it. It was evidently intended to charge thereby that the defendant made an assault on Alice Westfall, with intent to commit rape upon her; and if the words “ with intent to commit rape ” had immediately preceded her name, there can be no question that the charge would have been…