People v. Girr

By the Court :

The indictment states that the defendant “ did willfully, feloniously, and of his malice aforethought commit an assault upon the person of Caroline Waldfogal, with intent her, the said Caroline Waldfogal, then and there to rape.” The demurrer, on the ground, among others, that the facts stated in the indictment do not constitute a public offense, was overruled.

The Penal Code, sec. 220, provides that “ every person who assaults another, with intent to commit rape,” is punishable as therein provided. But the offense is not particularly described.

It has repeatedly been held that an…