Mayne

The defendant was convicted of rape in having sexual intercourse with a female child under the age of fourteen years, and has appealed from the judgment of conviction and from an order denying a new trial.

There was sufficient evidence before the jury to authorize them to find the fact of sexual intercourse by the defendant with the 'child, and that she was at the time under fourteen years of age, and their verdict thereon is not open to review.

The crime is charged to have been committed March 30, 1895, and for the purpose of establishing the age of the girl at that date her mother testified that she was born June 14,1881. The prosecution then offered in evidence a Bible, in which was entered the record of the birth of a girl named Elsie Shipton (the name *518 of the prosecuting witness) on the 14th of June, 1881. The court admitted the Bible in evidence against the objection of the defendant.

The mother testified that she made the entry of Elsie’s birth some time after the girl was born, she thought at some time during that year. There were appearances on the face of the entry that the date had been changed by being written over after it had originally been written, but it…