Logan

The defendant has been convicted of the crime of rape, and now appeals from the judgment and order denying his motion for a new trial.

It is first claimed that the evidence is too weak to support the verdict of the jury. If the evidence of the prosecuting witness be true, the verdict has full support therein, and its truth or falsity was a matter essentially for the jury’s consideration. In criminal cases this court’s appellate jurisdiction is limited to matters of law alone, and the truth or falsity of a witness’ statement is essentially a matter of fact. It is possible that evidence might come before this court so incredible, so inherently improbable, so stamped with falsehood upon its face, that the court would deal with it as presenting a matter of law. But such a case would be a most exceptional one, and it is not presented by this record; although it may be said that the cir *416 cumstances and conditions enveloping and forming the res gestae of this particular offense are unusual and not entirely convincing.

The prosecuting witness, a large, strong girl of fourteen years of age, testified that she was sleeping with the wife of the defendant at the time she was raped.…