Rangod

The defendant was convicted of rape, committed upon a girl under fourteen years of age, and appeals from the judgment and an order denying him a new trial.

1. The demurrer to the information was correctly overruled. The offense was charged substantially in the language of the statute, and this was sufficient. *672 (People v. Mills, 17 Cal. 276 ; People v. Burke, 34 Cal. 661 .)

It was not necessary to allege force by the defendant and want of consent of the child. Facts not required to be proven need not be alleged. In this instance, it was alleged that the offense was committed upon a female under the age of fourteen years, and, in such case, force and want of consent are immaterial factors in the offense. (Pen. Code, sec. 261; People v. Verdegreen, 106 Cal. 215 .)

2. There is no tenable ground for the claim that the evidence does not sustain the verdict. The positive statements of the prosecutrix as to the facts, with the corroborating fact that the defendant was seen coming from her room at the unseemly hour of 5 o’clock in the morning on the occasion testified to, left only the question whether the jury would give credence to the testimony, and this is concluded by their…