Jacobs

Defendant was convicted of rape, the prosecuting witness being under the age of consent. From the judgment defendant appeals.

There is no merit in appellant’s contention that the crime and defendant’s connection therewith was not established. The evidence of the prosecuting witness, read in connection with that of a physician, warranted the jury in its verdict. While certain statements of the prosecuting witness were contradictory and others recounted matters highly improbable, nevertheless, the questions of fact were for the jury, and with its determination we must remain content.

The court properly refused an instruction embodying statements with reference to the evidence of a particular witness. It had already given a general instruction as to the right of the jury to disregard the whole uncorroborated testimony of any witness whom they believed had testified falsely. This covered the ground and embraced all that defendant was entitled to in the premises.

The court did not err in refusing an instruction to the effect that opportunity to make complaint to the mother and failure to do so for an unreasonable time, where no threat was shown by defendant, was a circumstance to be…