People v. Currie

Defendant was tried on an information accusing him with having unlawful sexual intercourse, on or about the twenty-fifth day of February, 1908,' with the female named, she then being under the age of sixteen years. He was convicted and sentenced to imprisonment for the term of sixteen years and six months. Motion for a new trial was denied and defendant appeals from the order.

This is the second appeal of defendant after having been twice convicted.

1. Appellant’s first point is that the complaint before the magistrate was sworn to by the district attorney “positively, not upon information and…