People v. Gibbons

Butzel, J'.

John A. Gibbons appeals from a judgment of conviction of assault with intent to commit rape. As only questions of law are raised, it is unnecessary to review the facts. The original information charged that “John A. Gibbons attempted to rape and ravish Lillian Bennett.” At the trial, prior to the introduction of any evidence, and in the absence of the jury, respondent’s attorney moved to quash the information on the ground that the testimony at the examination before the justice showed an attempt to seduce and not to rape. Thereupon the prosecuting attorney was permitted to amend…