Jones

The appellant in this case was charged by information with having committed rape upon a girl fifteen years old, at Banning, in Riverside County, whom the evidence disclosed to have been his own stepdaughter. A jury found him guilty, a motion for new trial was presented, and overruled, and he appeals from the judgment and ruling upon said motion.

One of the principal grounds of this appeal consists of a description in minute detail of lascivious practices of appellant against the person of the prosecutrix, a mere child, testified to by her and supported by other evidence, as having commenced at Wardner, Idaho, when she was but ten years of age, continuing thence to Portland, Oregon, and terminating in statutory rape at Banning, from all of which it is argued that the verdict of the jury was a result' of passion and prejudice. It is but natural that jurors, as well as appellant, should be struck with the heinous character of such an offense, when it has been shown that his corrupt approaches toward one with whose protection he was charged had extended over a period of some five years, but we fail to find anything in the record to justify the assumption that the jury in any way…