Hamilton

The defendant ivas convicted on a charge that he committed the crime of rape, with force and violence, etc. He appeals from the judgment and from an order denying his motion for a new trial.

'■ The points presented on behalf of appellant are, first, that the court improperly allowed certain leading questions, during the examination of the chief witness for the prosecution, and erroneously overruled objections to those questions. Next, that the evidence is insufficient to sustain the verdict in this that there is not evidence legally sufficient to prove that the prosecutrix, persistently and to the full extent of her power, resisted the accomplishment of the offense by the defendant; and, therefore, that the evidence does not establish the use of force and violence.

The defendant met the prosecuting witness at a social evening party of young people at a church. With the consent of the prosecutrix, who was a girl of seventeen, he started to take her home in his automobile. This was at about 11 o’clock. Instead .of driving to her home, he drove out into a remote and uninhabited country, and did not bring the girl back to her home until 2 o’clock in the morning. The defendant, while…