Kilfoil

The defendant was convicted of the crime of rape and sentenced to serve a term in the state prison at San Quentin. Prom the judgment, and from an order denying his motion for a new trial, he prosecutes this appeal.

The indictment charged that the crime was committed by the defendant on an unmarried female person, whom we shall call the prosecutrix, and whose age was under sixteen years. The story as contained in the record is a long one, covering three years’ acquaintance between these two persons. The prosecutrix testified to facts which, if truly related, are sufficient, together with the abundant corroborating evidence, to sustain the verdict rendered by the jury. The testimony of the defendant and much other evidence was in strong conflict with that relied on by the prosecution. Every fact implied in the verdict and essential to the crime is supported by evidence which the jury might reasonably have believed to be true. Therefore, the verdict must not be disturbed unless the record shows errors which have prevented t'he defendant from having a fair trial and have thus produced an unjust conviction. The errors assigned and discussed in the principal brief of appellant’s…