Higuera

The defendant has been convicted of a felony, alleged by information to have consisted in the seduction of an unmarried female of previous chaste character, under promise of marriage.

Upon cross-examination the father of the prosecutrix was *467 asked by defendant’s attorney as to the character of his other two daughters, and an objection was sustained to the question. Thereupon he offered to prove by the witness “that this girl’s sisters, with whom she associated and lived, both had children out of wedlock, and that they were all raised up together, and .that these illegitimate children were born in the house with this witness while they were all living together with the father of the prosecuting witness.” Aside from other considerations, it may be said this evidence was essentially a part of defendant’s case, and therefore inadmissible at this stage of the proceedings. The witness upon the stand had been asked nothing in his examination in chief as to such matters, and under those circumstances the offer, at that particular point -of time, was clearly improper, and rightly rejected by the court.

It is claimed that the information does not state a public offense. It is there…