Corey

The record shows notices of appeal: From a judgment of conviction of the defendant of the crime of rape, committed by having intercourse with a female child under the age of sixteen years; from an order denying a motion for a new trial, and from the verdict of the jury in the cause. Our code does not provide for the appeal last named, and the record presents nothing for consideration under the appeal attempted by that name.

The offense is alleged to have been committed June 22, 1907, and, as testified to by the prosecutrix, was committed at the house of a woman named Jacoby, while the prosecutrix, with defendant, and the Jacoby woman, with another man, occupied the same bed for a period of about half an hour, all in a more or less intoxicated condition from drinking beer. And according to the testimony of prosecutrix each woman had intercourse with her male companion, although a sixteen year old brother of the Jacoby woman, who had not been drinking, was present all the time. The Jacoby woman denied having intercourse with the man with whom she was lying, and all knowledge of defendant having had sexual intercourse with the prosecutrix, although she (the witness) was awake and…