Arnold

Defendant was convicted of the crime of rape on the person of a girl of the age of thirteen years. He appeals from the judgment and the order denying his motion for a new trial.

From the testimony given by the prosecutrix, which was corroborated by her ten year old sister, it appears that the act of which defendant was found guilty was committed on or about March 23, 1925. There was other evidence tending to establish the case against defendant, including the facts that one witness testified to having seen defendant and the prosecuting witness in a most compromising situation on one occasion, and another witness testified that on another occasion, in the presence of herself and several other persons, defendant ‘ ‘ grabbed Marie (the prosecutrix) and put a big bite on her neck that was about that size around (indicating), monkey bite, I think they call them.” It also appears in evidence that on November 24, 1925, which was eight months and one day after the alleged criminal act of defendant toward the prosecutrix occurred, the prosecutrix gave birth to a fully developed child. The prosecutrix testified further that approximately ten separate acts of sexual intercourse had taken…