Louviere

J.—Appellant was convicted by a jury of the crime of rape upon his ten-year-old stepdaughter. The appeal is upon the insufficiency of the evidence to justify the verdict, and upon errors of law, namely, the misconduct of the district attorney in the making of certain remarks during the presentation of the evidence and the argument, the refusal of the trial court to instruct the jury to disregard the alleged prejudicial statements, the refusal to give an instruction covering lesser offenses, and the order, after the verdict of the jury, directing the filing of an amended information containing a prior conviction.

The transcript of evidence contains a detailed recitation by the stepdaughter of the first act of sexual intercourse with the appellant and references to many subsequent repetitions of the act, plus an admission by appellant that “he was not the first one” who had had sexual intercourse with the child. The defense consisted of a denial of the act, a statement that the minor was a “masturbator”, and statements that the mother of the girl had originally persuaded the child to communicate the story by mail to a grandmother in Texas, who reported the facts to the authorities.…