Caldwell

This is an appeal from a judgment of conviction of rape, from an order denying appellant’s motion for a new trial, and from an order denying his motion for' an arrest of judgment. [1] The latter order is not appealable.

The information charged that the rape was committed with force and violence and also that the prosecutrix was under the age of eighteen years, that being the age of consent to sexual intercourse. Appellant was of the age of twenty years. The facts show that a party of six, including the prosecutrix, the appellant, two other boys, and two other girls, drove in an automobile to a park in the country in the latter part of the afternoon. The prosecutrix and appellant separated themselves from the other four. As evening approached, the four, desiring to return home, made search for the missing couple, but did not find them and finally started home without them. They went to the home of Mr. and Mrs. Smith, father and mother of one of the two girls, where they told the girl’s parents that they had been unable to find appellant and the prosecutrix and had left them in the park. Smith then asked the two boys to accompany him on a search for the missing pair, and they did…