State v. Edy

The defendant demurred to the indictment on the ground that the facts stated therein failed to constitute a crime. The court overruled the demurrer and the defendant assigns error of the court in such ruling. He argues that the indictment should have stated the age of the defendant, and in support of his contention cites Section 1912, Or. L.

In some jurisdictions, where the age of the male is fixed by statute which designates as rape all carnal knowledge of the body of a female under a certain age, it is held necessary to allege and prove the age of the defendant: Wistrand v. People. 213 Ill.…