Barton

It was charged by information that the appellant committed rape upon a girl of the age of eleven years on or about the fifteenth day of September, 1921; and by a second count he was also charged with having committed an assault upon the same child with intent to commit rape. A jury found him guilty as charged in the first count, and acquitted him on the charge of attempted rape. A motion for new trial having been denied, this appeal is taken from the judgment and order denying said motion.

The prosecuting witness was one of two adopted daughters of appellant and wife, and she testified that she came from Montana to San Pedro, Los Angeles County, in the year 1917, and that she lived in a tent at the latter place, until the defendant built a garage, wherein she slept thereafter. She testified that she became eleven years of age on September 27, 1921, and that appellant had taken indecent liberties and indulged in lascivious conduct with her person ever since she was about eight years old, but that he had had actual intercourse with her only once and that it occurred about two weeks before her eleventh birthday.

Many grounds are assigned for reversal, including alleged…