Morris

Defendant was informed against for “the crime of rape upon a female child under the age of sixteen years. He was found guilty by the jury and was sentenced to imprisonment for the term of fifteen years at San Quentin. He appeals from the judgment of conviction on bill of exceptions.

1. It is urged that the evidence was insufficient to justify the verdict. Much of the evidence is too revolting to be permitted a place in published reports. It appears that the particular act on which the district attorney elected to rely oe curred about 4 o’clock P. M., December 25, 1903, at a house particularly located in the city of Napa by the prosecuting witness. Evidence was admitted, against defendant’s objection, of prior and subsequent lascivious acts and sexual intercourse before and after the.particular act relied upon. Error is assigned as to this evidence, which will be noticed later on. It appears that defendant formerly resided in Kansas, and was the owner of a farm which he leased to the father of the prosecuting witness, and the family took possession? The prosecuting witness was then a girl of nine years of age. Her evidence was that defendant commenced at that early period in her…