
    State of Vermont v. Loren Leach.
    October Term, 1904.
    Present: Tyier, Munson, Start, Watson, Haselton, and- Powers, 33.
    
    Opinion filed November 26, 1904.
    
      Criminal Law- — Statutory Rape — Punishment—Prosecution — Information.
    Under V. S. 4908, as amended b7 No. 118, Acts of 1898, statutory rape is not punishable by imprisonment in tbe State's prison more than 20 years. Hence a State’s Attorney can prosecute for that offence by information.
    
      Information for statutory rape. Heard on demurrer to the information at the September Term, 1904, Orleans County, Rowell, C. J., presiding. Demurrer overruled. The respondent excepted.
    
      Frank F. Miles for the respondent.
    
      A. W. Parman, State’s Attorney, for the State.
   HasEETon, J.

The question and the sole question in the case is raised by demurrer and is whether a State’s Attorney can prosecute by information for statutory rape. This offence is not punishable by imprisonment in the State’s prison more than twenty years. V. S. 4908 as amended by Acts of 1898, No. 118. Hence the State’s Attorney can prosecute. V. S. 1867 as amended by Acts of 1898, No. 46.

The action of the trial court in overruling the respond- ' ent’s demurrer and adjudging the information sufficient is sustained and the

Cause is remanded for trial.  