Liggett

Defendant was convicted of the crime of rape alleged to have been committed, about the twentieth day of July, 1911, on a child of the age of twelve years and was' sentenced to serve twenty years in the Folsom penitentiary. Defendant appeals from the judgment of conviction and from the order denying his motion for a new trial.

It is claimed that the verdict of guilty rested on the testimony of the prosecuting witness and upon the testimony of her father and mother as to what occurred at a conference with the defendant about August 4th, following the alleged crime. The girl’s testimony was direct and unmistakably established the charge, if believed by the jury, which we must assume it was. On August 4, 1911, the parents of the girl, having had their suspicions aroused of defendant’s guilt, called him to account in the girl’s presence and in the presence of one Mrs. Slaughter. These witnesses do not agree in all particulars as to what then occurred, but thére was testimony of what took place at this interview with the defendant which justified the jury in believing that he admitted his guilt. This testimony together with that of the prosecuting witness amply supported the…