Lambert

Information for the crime of rape, alleged to have been committed by defendant upon the person of his daughter, Mary Lambert, about November 15, 1896; she was then seventeen years old. Defendant was convicted and sen *172 tenced to life imprisonment. The appeal is from the judgment and order denying a new trial. Appellant specifies numerous errors of the court in admitting and excluding evidence and in giving instructions, and that the evidence was insufficient to justify the verdict. The evidence relating to the circumstances connected with the alleged act is confined to that of the prosecutrix and certain declarations she made some time afterward.

1. Mrs. Emma Scott, sister of the prosecutrix, testified for the prosecution that she had met the prosecutrix twice in December, but that it was not until about January 24, 1897, that she told her anything about her father’s conduct, although they lived only three-quarters of a mile apart. The witness was permitted to testify, against defendant's objection, as to what the prosecutrix told her the defendant did to his daughter. The testimony embraces much more than a complaint and was sufficient to constitute evidence of the crime…