State v. Rutledge

The defendant was convicted of having had carnal knowledge of a female, 16 years of age and not his wife, and was sentenced to an indeterminate term in the state prison, from which judgment he has appealed.

Before his arraignment, defendant moved the court to quash the information filed against him for the reason that it was not filed within 30 days after the defendant was committed and held to answer the charge by the committing magistrate. The order committing the defendant was made on September 5, 1923, and the information;was filed on October 13, 1923, or 38 days thereafter. The motion was…