Pribnow

The appellant was convicted of the crime of statutory rape. This is an appeal from the judgment and from an order denying his motion for a new trial.

The facts as revealed by the record show that the prosecutrix, Irene Pribnow, a female person, was adopted, by the defendant and his wife in the state of Missouri when she was about five years of age. About four years thereafter defendant persuaded her to have sexual relations with him, and this course of conduct continued between the parties at different times and places up to the twenty-ninth day of March, 1922, the time of the commission of the act here complained of and when the prosecutrix had reached the age of sixteen years. At the time she caused the arrest of the defendant a written statement was made by her of her relations with him1. This statement contained the facts as above narrated and also the further fact that the conduct of the parties resulted in the birth of a child, which was adopted by a family in Oregon.

Defendant did not take the stand in his own behalf, nor did he call any witnesses to disprove the testimony of the prosecutrix, which was to the same effect as her previous written statement. On the contrary,…