Preston

The defendant prosecutes this appeal from the judgment of conviction rendered against him and from the order denying him a new trial on an information charging him with the crime of statutory rape. The crime is alleged to have been perpetrated in the county of Siskiyou, in the month of November, 1910.

The principal point urged by the defendant is that the evidence is insufficient to support the verdict. There is, however, another point, which was particularly pressed at the oral argument and which involves an attack on the rulings of the court disallowing certain testimony proposed by the defendant.

The child, Mabel McNames, upon whom the crime of which the defendant was convicted is alleged to have been committed, is the daughter of a Mrs. Stephenson by William McNames, her former husband, and was, when the alleged acts of criminal intimacy between her and the defendant took place, but a little over twelve years of age.

The. defendant was of about the age of forty-five years at the times that his illicit relations with Mabel are claimed to have been maintained, and was a married man, having a wife and a young daughter. He was the owner of some land situated in the “Sleepy…