that the crime of which defendant was convicted was com mitted "upon and with the body," etc. [10] The indictment upon which the defendant was prosecuted and convicted is not in the record here. We must, therefore, presume, in this collateral attack upon the judgment, that the indictment sufficiently stated the offense defined by section 288 by following substantially and in all essential particulars the language thereof; and so viewing the indictment, the verdict sufficiently finds that the crime denounced by said section was committed by the accused by the use of the general language therein contained, viz.: “a felony, as charged in the indictment." The "judgment" involving the pronouncement of sentence in a criminal case is generally orally rendered and delivered and is usually in informal language, and the law requires it to be no more than that. (Pen. Code, sec. 1202; People v. Terrill, 133 Cal. 120, 123, [65 Pac. 303].) The record of a criminal action consists of the following papers: 1. The indictment or information, and a copy of the minutes of the plea or demurrer; 2. A copy of the minutes of the trial; 3. The written instructions, etc., and 4. A copy of the judgment. "The judgment need not and it was not intended that it should repeat anything contained in the papers which precede it, for in view of the fact that they go into the record and make a part of it, such repetition would be idle and serve no useful purpose. The only material parts of a judgment are the statement of the offense for which the defendant has been convicted, omitting therefrom all that is contained in the previous papers and therefore not necessary to be repeated, and the sentence of the court." (Ex parte Williams, 89 Cal. 421, 426, 427, [26 Pac. 887, 889].) If the judgment with sufficient clearness shows that it is the pronouncement of sentence by the court upon the verdict as returned and the penalty imposed by such sentence is authorized by the statute under which the prisoner has been convicted, then the judgment satisfies the demand of the statute in that respect. The mere omission by the court, in passing sentence on the prisoner, to state or describe the offense with technical precision, certainly should not, in reason, be held to have the effect of rendering the judgment of sentence void or even voidable. Of course, all this is upon the assumption that the verdict finds. the crime as charged and that the charge, as we are authorized to assume is true here, is correctly described in the

indictment. The statement in the judgment that, "Whereas, the said Charles Camp has been duly convicted in this court of the crime of lewd and lascivious conduct with a male child under the age of fourteen years," implies that he has been convicted of the offense shown by the verdict upon which the judgment must necessarily rest, and, therefore, further implies that the offense for which he was sentenced embraced all the vital elements constituting the offense as it is defined by the statute, just as a judgment of sentence for murder upon a verdict convicting the accused of that crime implies, without stating it in the judgment, the unlawful taking of human life deliberately and with malice aforethought. As sustaining the foregoing views, we cite the following cases in addition to those above referred to: Matter of Ring, 28 Cal. 248, 253; Ex parte Gibson, 31 Cal. 619, [91 Am. Dec. 546]; Ex parte Raye, 63 Cal. 491; People v. Murback, 64 Cal. 369, 372, [30 Pac. 608].

[11] 6. There is absolutely no ground for the contention that section 288 has been repealed by section 28 of the socalled juvenile court law. (Stats. 1913, p. 1303.) So much of said section as pertains to the penalty for the offense therein referred to reads as follows: "Any person who shall commit any act or omit the performance of any duty, which act or omission causes or tends to cause, encourage or contribute to the dependency or delinquency of any person un-' der the age of twenty-one years, as defined by any law of this state, or any person who shall, by any act or omission, threats or commands or persuasion, endeavor to induce any such person, under twenty-one years of age, to do or to perform any act or follow any course of conduct, or to so live as would cause or manifestly tend to cause any such person to become, or to remain a dependent or delinquent person, shall be punished by a fine not exceeding one thousand dollars, or imprisonment in the county jail for not more than one year, or by both such fine and imprisonment." The design of that law is, so far as a penal statute can go in the accomplishment of so laudable a purpose, to protect minors against those acts and temptations which, if allowed to be practiced and to exist, will surely lead them. into habits involving acts of the grossest depravity. Section 3 of the law enumerates and describes eight different acts of omission and commission any or all of which will constitute a minor a dependent person. Section 4 of said

...

act provides that a "delinquent person" is one who violates any law of the state, or any ordinance of any city, town, etc., defining crime and which involves moral turpitude. Among the variety of acts enumerated in section 3 as constituting the dependency of a minor, neither the act of sexual commerce nor that of lewd and lascivious conduct with or upon a minor is specifically or eo nomine named or mentioned. There can be no doubt, though, that either or both of the last-mentioned acts upon a minor, under the general language of certain subdivisions of section 3 or that of section 4 of the said law, would properly be construed as acts contributing to the dependency or the delinquency of a minor within the common intent of that law; yet it would hardly with seriousness be contended that the penalty fixed by section 28 of said law was intended to supersede or take the place of the penalty prescribed by section 261 of the Penal Code, defining the crime of rape, where a person is prosecuted and convicted under said code section for the crime of statutory rape-that is, for having sexual intercourse with a female under the age of eighteen years, a minor under the juvenile court law as well as under section 261 of the Penal Code. Nor can such a contention be sustained with respect to the effect of section 28 of the juvenile court law upon section 288 of the Penal Code. Section 28 of the juvenile court law does not repeal section 288 of the code by express language, and we find nothing in its language, either when considered alone or in connection with other provisions of the law to which it belongs, which would justify the conclusion that it does so by implication or thus affects the penalty prescribed by the code section for the distinctive crime by said section defined. In other words, the question here is one of legislative intent, and we perceive nothing in the language of section 28 of the juvenile court law, or in that of any other section of said law, from which it is to be inferred that the legislature intended by said section or by the act of which it is a part to expunge section 288 of the Penal Code or to repeal the penal clause thereof, and this is what the argument of counsel, if sustained, would bring about. The two acts-section 288 of the Penal Code and the juvenile court law, even with its section 28-can consistently stand together, and when this can be said of two different legislative acts having, in a remote way, some

relation to each other as to the general subject matter thereof, then there is no such repugnancy between them as will amount to or operate as a repeal by implication of the earlier act.

[12] 7. The final point urged by appellant is that the court was without jurisdiction to inflict a greater punishment for the violation of section 288 than that of five years.

The penalty fixed by section 288 of the Penal Code is, as will be observed, imprisonment "in the state prison not less than one year," no maximum penalty being thereby expressly prescribed. Section 671 of said code reads: "Whenever any person is declared punishable for a crime by imprisonment in the state prison for a term not less than any specified number of years, and no limit to the duration of such imprisonment is declared, the court authorized to pronounce judgment upon such conviction may, in its discretion, sentence such offender to imprisonment during his natural life, or for any number of years not less than that prescribed." The last-named section is obviously a complete answer to the contention of the appellant that the court was without authority to make the penalty in this case greater than that of imprisonment for five years. Counsel insists, however, that section 671 has no application to section 288, but that the maximum punishment under the latter section is fixed by section 18 of said code, which provides: "Except in cases where a different punishment is prescribed by this code, every offense declared to be a felony is punishable by imprisonment in the state prison, not exceeding five years." We are unable to see the force of the argument. Sections 288 and 671 must be read together to ascertain the maximum and the minimum penalties in cases arising under the first-named section. The two together fix the lowest and the highest limits within which the court was authorized to exercise its discretion as to the punishment. Thus the case here comes within the exception made by section 18, this being as clearly a case "where a different punishment is prescribed" as though both the maximum and minimum penalties were expressly declared in section 288 of the code.

We have now as fully as we have conceived necessary noticed all the general points made by the appellant. We have not discussed the points, though, from all the angles

of the argument advanced in support of the appeal or strictly followed the varying ramifications thereof. We have satisfied ourselves, however, that there is no substantial merit in any of the points presented, although they have been ingeniously and with as much force as untenable legal problems may be supported pressed upon us in the brief. The order appealed from is affirmed.

Chipman, P. J., and Burnett, J. concurred.

[Civ. No. 2005. Third Appellate District.-July 28, 1919.]. ROTH HAMILTON, Surviving Partner, etc., Appellant, v. W. A. KLINKE et al., Respondents.

[1] SALES-CROPS TO BE GROWN.-Crops to be grown may be the subject of sale.

[2] ID.-AGREEMENT CONFIRMING SALE OF BEANS NOT PLANTED-CONSTRUCTION OF CONTRACT.-An agreement confirming the sale of a crop of beans to be subsequently planted and grown which recites that "it is mutually understood that this contract . . . constitutes an absolute sale," and, further, that until a bill of lading or warehouse receipt "covering the beans" is received by the vendee, the vendor agrees to assume "all risk of loss or damage to said beans," constitutes a sale and not an agreement to sell.

[3] ID. DELIVERY AND PAYMENT OF CONSIDERATION.-As between the parties, a sale may be completed without either delivery or payment of the consideration.

APPEAL from a judgment of the Superior Court of Stanislaus County. W. II. Langdon. Judge. Reversed.

The facts are stated in the opinion of the court.

Hawkins & Hawkins for Appellant.

Hatton & Scott for Respondents.

CHIPMAN, P. J.-The action is in claim and delivery arising out of the contract of purchase and sale set forth in the complaint as follows:

1. Sale of future crops, notes, 23 L. R. A. 449; L. R. A. 1917C, 8.