Driscoll v. State

This appeal is from a conviction of abduction of an eighteen year old girl who is named in the indictment for the purpose of prostitution, Code Section 10790, with the maximum punishment fixed at five years’ imprisonment.

After Driscoll had entered a plea of not guilty and the jury had been impaneled, he made a motion to quash the indictment because it failed (1) to charge that this girl was in the legal custody of her parents, or (2) that she was an unmarried person, or (3) that she was under twenty-one years of age. The action of the Court below in overruling this motion is assigned as error.