People v. Gardner

Citations

• 98 Cal. 127
• 32 P. 880
• 1893 Cal. LEXIS 872

Syllabus

<p>Criminal Law—Attempt to Commit Bate—Pleading—Age of Child—Special Demurrer—Abbest of Judgment.—An objection that an information charging the defendant with the crime of an. attempt to commit rape upon a girl “being then and there of the age of eleven years,” does not state facts constituting a public offense, in that it fails to show the child to have been under fourteen years of age, is without merit. Such an objection is too technical to he raised otherwise than by a special demurrer, and is not ground for a motion in arrest of judgment.</p> <p>Id__Grounds for Arrest of Judgment—Jurisdiction to Affix Penalty.—A motion in arrest of judgment in a criminal prosecution can only he based upon defects appearing upon the face of the information or indictment. An objection that the court has no jurisdiction to affix any penalty or render any judgment, because of the failure of the statute to provide any punishment for the offense charged, cannot be urged upon the hearing of such a motion.</p> <p>Id. — “Attempt” to Commit Rape Distinguished from “Assault with Intent” —Punishment of Offense.—The offense of an attempt to commit rape differs from the offense of an assault with intent to commit rape, for which provision is made by section 220 of the Penal Code; and the punishment for the former offense is governed by section 664 of the Penal Code, which provides that an attempt to commit an offense, where no provision is made by law for the punishment of such attempt, is punishable by imprisonment for a term not exceeding one half the longest term prescribed upon a conviction of the offense.</p> <p>Id. — Validity of Sentence.—The crime of rape being punishable by imprisonment for life, or for any specified term of years not less than five, a judgment of imprisonment for five years for an attempt to commit rape is warranted by section 664 of the Penal Code.</p> <p>In.— Evidence—Testimony of Prosecutrix—Corroboration—Support of Verdict.—Evidence of the prosecuting witness alo