People v. Ruiz

Defendant was convicted of the crime of assault with intent to commit rape and appeals from the judgment of imprisonment entered against him, and from an order denying his motion for a new trial.

The information charged an attempt by force to commit the crime against a female person not the wife of the defendant. The evidence showed that the prosecutrix was a child of the age of eleven years, but as the district attorney elected to rely upon the charge of a forcible attempt, without alleging the age of the prosecutrix, the element of force was a material ingredient to he established by the…