Barney

The defendant was charged with the crime of an attempt to commit rape upon a female child of the age of about seven years. He was convicted of the offense charged, and has appealed from the judgment entered against him, and from the orders of the court denying his motions in arrest of judgment and for a new trial.

The appellant contends that the court erred in several of its rulings upon the admission of evidence, and in refusing to give to the jury certain instructions asked by him, and in modifying and giving as modified certain other instructions.

1. There was no prejudicial error in admitting the testimony of the complaining child, Irene Boone. The court afterward ordered all of her evidence stricken out, and expressly charged the jury to totally disregard it. The jury must be presumed to have obeyed the instruction of the court, and, therefore, if it was error to admit the testimony, the error was cured by the order and instruction.

*556 2. There was no error in overruling defendant’s objection to the question propounded to Mrs. Boone, the child’s mother, as to whether, shortly after the date of the alleged offense, the child made any complaint to her about any injuries…