Kaiser

The defendant was indicted for the crime of incest, alleged to have been committed upon his daughter, a girl under thirteen years of age. He was tried and found guilty of the offense charged, and the judgment was that he be punished by imprisonment in the state prison for the term of ten years. From that judgment and an order denying his motion for a new trial he has appealed.

The indictment was returned and filed December 22, 1896, and the charging part of it is as follows: “That said defendant, Lewis Kaiser, on or about the first day of January, A. D. 1895, and before the finding and presentation of this indictment, at' the county of Placer, and state of California, did willfully, unlawfully, knowingly, incestuously, and feloniously, upon the person of one Cordelia Kaiser, the daughter of said Lewis Kaiser, commit fornication and have sexual intercourse with, and carnally know the said Cordelia Kaiser, contrary,” etc.

The defendant demurred to the indictment upon the ground that it did not conform to the requirements of sections 950, 951, and 952 of the Penal Code; that it did not state facts sufficient to constitute a public offense; and that it did not appear upon the face…