People v. Maxon

The defendant was found guilty upon an indictment containing two counts. In each count it is alleged that the “grand jury of,” etc., “accuse Daniel Maxon, late of,” etc., “of the crime of rape, committed as follows.” In the first count the acts charged as constituting the crime charge a rape as defined in section 278 of the Penal Code, namely, “An act of sexual intercourse with a female, not the wife of the perpetrator, committed against her will, or without her consent.” In the second count the acts charged as constituting the crime charge an act of sexual intercourse with a female, not the…