Bossert

The defendant was convicted of the crime of rape perpetrated upon a female under the age of consent. He made a motion for a new trial, which was denied, and this appeal is from that order and from the judgment.

In the preparation of his brief counsel for defendant has not presented his sixty-odd points in such a way as to facilitate the work of this court. Nearly all of his points relate to rulings on evidence, and invariably he has set out the question objected to, and coupled it with the statement that the holding of the court thereon, admitting or rejecting the testimony, as the case may be, was prejudicial error. In short, the brief is in effect little more than a statement that the defendant relies on each of the objections made by him, either to evidence, to instructions, or to the conduct of the district attorney and the court. The defendant’s mode of presenting his case has entailed much unnecessary labor both upon the attorney general and upon this court.

At the commencement of the trial the defendant, having theretofore learned that some of his witnesses were not present, moved the court to issue a bench warrant for them. This motion was based upon affidavits which…