Rose

The plaintiff in error was indicted and convicted of the crime of having carnal knowledge of one “Grace Carey, a female child, then under the age of 16 years, to wit, of the age of 12 years,” the plaintiff in error being a male person over the age of 21 years. The indictment does not charge that the carnal knowledge was with the consent of the female child. A demurrer to *520 the indictment raised the question whether the indictment was sufficient without this allegation. The demurrer was overruled, and this action of the court is assigned as error.

1. In Callahan v. United States, 240 F. 683 , 153 C.C.A. 481 , recently decided in this court, that question was considered, and it was held that this objection to the indictment was without merit.

2. It is assigned as error that the trial court sustained objections made to questions asked of the prosecutrix tending to show her lascivious conduct in the summer of 1915 while a'passenger on a river steamer in Alaska. In support of these questions it is said that they went to the moral character of the prosecutrix. The indictment charged the crime to have been committed on June 1, 1913, and such was the evidence. We do not think that…