Pearson

Defendant was convicted of rape. The complaining witness, a girl of fifteen years, is a niece of defendant’s wife. There is no dispute as to the fact that on the morning of the first day of July, 1921, while the complaining witness was visiting in the home of her aunt and the defendant, the aunt arose early and left the house to go for some coffee. When she left the niece was asleep. The complaining witness testified that when she awoke the defendant was in her bed and that she was wet about her private parts and that afterward they were sore; that she felt the soreness inside the genital organs. Later when she failed to menstruate the services of a physician were secured. Two physicians testified that in their opinion the evidence which they found showed that she had been pregnant; that a miscarriage or abortion had taken place and that the pregnancy lasted from about four to six months. A written statement signed by defendant was introduced in evidence in which he admitted that he had gotten into the bed of the complaining witness while she was asleep and during the absence of his wife from the house. The details of the contents of this writing need not be recited here, but it…