Gardner

The defendant was convicted of the crime oí an attempt to commit rape upon a girl under the age of fourteen years, and this appeal is taken from the judgment and order denying a motion for a new trial.

Defendant moved to arrest the judgment upon the grounds: 1. The court had no jurisdiction to affix any penalty or render any judgment for the reason that no punishment was provided for the offense by the statute. 2. The information did not state facts sufficient to constitute a public offense. The objectionable language of the information is “ said Lizzie Cox being then and there of the age of eleven years.” It is now insisted that the information does not show the child to have been under fourteen years of age. Appellant’s position has no merit, and the objection to the information, if it is objectionable, is entirely too technichal to be reached otherwise than by special demurrer. As to the remaining ground relied upon to arrest the judgment, it was not a matter that could be urged upon the hearing of such a motion. A motion of that character can only be based upon defects appearing' upon the face of the information or indictment. (Penal Code, sec. 1185; People v. Fair, 43 Cal.…