People v. Horton

This appeal is from a judgment 1 of conviction of violation, on two separate occasions, of section 288 of the Penal Code. 2

The information filed in the superior court contained four counts. The offenses charged in the first and second counts were alleged to have been committed on or about July 25, 1959. While the date was inserted in count two at the end of the trial, no objection was made on behalf of the appellant. In count one the crime of rape in violation of section 261, subdivision 1, 3 of the Penal Code was alleged, while in the second count the charge was a violation of section 288 of…