Parrish

Defendant was convicted of the crime of rape, having had sexual intercourse with one Gertrude Gen ant, a girl under the age of consent, and was sentenced to state’s prison for the term of fifteen years. He appeals from the judgment of conviction and from the order denying his motion for a new trial.

There is no distinct claim in defendant’s brief that the evidence was insufficient to justify the verdict, although it is suggested that much of it is unworthy of belief. The claim is, rather, that defendant did not have a fair trial because of certain alleged errors in the rulings of the trial court and of the alleged misconduct of the district attorney in his address to the jury. Some objections are also urged to the instructions to the jury.

The prosecutrix was fifteen years old on March 4, 1912, and the sexual intercourse complained of was alleged to have occurred on or about June 20, 1912, at the county of Butte. Defendant and his wife conducted a boarding and lodging house in the city of Chico. The prosecutrix went to work for the defendant and his wife, about May 28, 1912, and continued in their service until some time in August of that year, when she left, returning after a…