Dinsmore

Appellant Dinsmore was convicted of the crime of rape, and appeals from the judgment and *382 order denying his motion for a new trial. Many grounds are relied upon for a reversal of the judgment and the granting of a new trial, some of which we will proceed to notice.

We think the evidence sufficient to support the verdict. The course adopted in the impanelment of the jury was irregular, and not in line with the established practice (see People v. Russell, 46 Cal. 121 ); but it is not necessary to determine whether or not the irregularity occurring in the formation of the jury was prejudicial to the rights of appellant. We also think the information is sufficient to support the verdict and judgment. Many of the objections made thereto are technical in the extreme, and it is now too late to bring them to the attention of the court. The information appears to have been filed October 15, 1892, while it charges the offense to have been committed October 28, 1892. It is entirely apparent that a mistake has occurred in the stating of one of these two dates, and this mistake might well have been corrected by the trial court by some appropriate proceeding, but we think no such…