Darr

The defendant stands convicted of rape upon a girl thirteen years of age. He appeals from the judgment and from the order denying his motion for a new trial.

His principal contention is that there was no evidence to warrant the verdict of the jury. After a careful, painstaking examination and analysis of the evidence contained in the record we are convinced that it is sufficient to support the verdict and judgment. That some person committed rape on this mere child is evidenced by the birth of a son when she was but one month over fourteen years of age. And we think the admissions of the defendant clearly point to him as the man who committed the particular act upon which the prosecution elected to rely. His rehearsal of the conver sation with Pendegast is very damaging, and his story touching statements made to members of the family and in the presence of the officers dovetails with other evidence in the same behalf. In fact, his testimony confirms that given by most of the witnesses to whom he proclaimed his responsibility for the ruin of this unfortunate child. He differs with some of them, but in no instance does he deny having had conversations with the witness for the…