Reynolds

Defendant was convicted of the crime of rape and appeals from the judgment of imprisonment.

It was charged in the information that defendant, on or about the twenty-eighth day of March, 1921, in the county of Rem, committed the crime referred to. The other person concerned was a girl, who, it was charged in the information, was at the time of the age of fourteen years. It was shown by the testimony of the girl in question that she had on several occasions voluntarily consented to acts of sexual intercourse with defendant. Defendant denied the charge; admitted that he was acquainted with the girl, and offered evidence to establish an alibi as to the date charged in the information. The court allowed evidence to be introduced showing that upon divers occasions defendant had given the girl intoxicating liquor to drink and that he had given such liquor to others who happened at some of the times to be a part of the company present. The girl did not testify that she became intoxicated at all, and we cannot infer that such was the fact, or that her failing to show it was due to any reticence, for she testified, as the record indicates, boldly and unhesitatingly as to the facts showing…