People v. Williams

Defendant was convicted of the crime of rape upon a girl under the age of sixteen years and was sentenced to imprisonment for the term of five years. He appeals from the judgment and from the order denying his motion for a new trial.

It is not contended that the evidence is insufficient to support the verdict. Briefly, the evidence was that defendant, with numerous other persons, including the prosecuting witness and her mother,.attended a hall on New Year’s eve, 1913; that the party broke up about three o’clock January 1st and defendant walked part of the way from the place where the ball was conducted with the prosecuting witness and her mother toward her home; that the mother left the daughter and defendant at the gate of a neighbor’s premises and went on to her residence; that defendant and the prosecuting witness were at this neighbor’s house alone some little time during which they sat on the porch of the premises where the alleged crime was committed. A family was living in this house but whether any of its members were awake at that early hour of the morning does not appear.

1. The following instruction offered by defendant was refused and the ruling is alleged as error…