Davenport

Appellant seeks a reversal of the judgment - and the order denying his motion for a new trial upon the grounds that the court committed error in the giving and refusing of instructions and in its rulings upon the admissibility of evidence during the trial, that the district attorney was guilty of prejudicial misconduct, that the demurrer to the information was improperly overruled and the evidence is insufficient to support the verdict.

1. The portion of instruction No. 4 given by the court, to which criticism is directed, reads as follows: “It is wholly immaterial whether Martha J. McManus, the prosecuting witness, was of previous chaste character or not, at the time of the alleged offense. Want of chastity of a female under the age of sixteen years is no defense to a charge of rape upon hér. Any statement reflecting on the previous chastity of Martha J. McManus is to be wholly disregarded by you.” It is admitted that, “as an abstract proposition of law these expressions are probably correct, ’ ’ but it is contended that they were erroneous by reason of the fact that certain evidence admitted by the court as to improper relations between the prosecutrix and parties other than…