People v. Ah Yek

By the Court, Sawyer, J.

The defendant was convicted on an indictment- for the crime of rape, committed on a child of the age of nineteen months. The first and principal question in the case arises upon demurrer to the indictment. It is claimed, that, because the child -is alleged to be of the age of nineteen months, it should also be alleged that the defendant is over the age of fourteen years. But we think the indictment sufficient on this point. The statute defines a rape as follows : “ Bape is the carnal knowledge'of a female forcibly and against her will.” This is the definition of the…