Prietz

This is an appeal from a judgment of conviction of the defendant upon a charge of rape alleged to have been committed- upon his daughter at "the time of the age of fifteen years.

The record is voluminous, and presents a state of facts which it would subserve no worthy or useful purpose to reproduce in their disgusting and sordid details here. The appellant’s first contention is that the story of the prosecuting witness as recited upon the trial of the cause is so inherently improbable as to require a reversal of the verdict and judgment of conviction based upon it. While there is much force in this suggestion, and while there was also much in the prosecution of the case as disclosed by the record which does not commend itself to us, we are unable to say from a careful consideration of the entire record that the testimony educed on behalf of the people is on the whole insufficient to support the verdict by reason of its inherent improbability.

While, however, this is our conclusion as to the facts of the case, we are of the opinion that this is one of those cases wherein any error of the trial court in the admission or rejection of material evidence would amount to prejudicial…