Knight

Appellant was convicted of the crime of rape and sentenced to imprisonment at Folsom for the term of nineteen years; and he now appeals from said judgment, and from an order denying his motion for a new trial. The offense is charged to have been committed upon Felis Aldama, a girl of ten years of age, the granddaughter of appellant’s wife. Appellant complains of numerous rulings of the court below upon questions of evidence, and of alleged errors in instructions given and refused, and also specifies as a ground of reversal that the evidence was not sufficient to justify the verdict.

Drs. Bogers and Taggart made a physical examination of the prosecuting witness some time after the last alleged outrage, but how long after is uncertain. The examination was made on September 7, 1894. Trinidad G-rijalba, the officer who arrested defendant, and who appears to have made the complaint, first heard of it, as he “guesses,” on September 2d, but how Jong before that date the last of the four alleged acts of intercourse occurred is not precisely fixed. The girl *233 testified upon the trial that she told her grandmother “about a week after the last time, ’ ’ but how long a time elapsed after…