Callahan v. United States

GILBERT, Circuit Judge.

The plaintiff in error was convicted of the crime of rape committed upon a girl under the age of consent. It is contended that the court below erred in overruling a demurrer to the indictment for *516its failure to allege that the act was done “with her consent.” We find no merit in the contention. 33 Cyc. 1444, and cases there cited.

All person^ who had no business before the court were by the order of the court excluded from the courtroom during the trial, but litigants, witnesses, jurors, counsel, officers of the court, and representatives of the newspapers were allowed…