Keith

The defendant has been charged and convicted of the crime of rape. He appeals from the judgment and order denying his motion for a new trial. His first contention is that the evidence is insufficient to support the verdict; but, in view of the fact that the court has concluded the cause must be returned to the trial court upon other grounds, we find it unnecessary to consider the contention raised as to the insufficiency of the evidence. Defendant was a witness in his own behalf, and upon his examination in chief he testified that he had a conversation with the prosecuting witness shortly after the alleged commission of the offense, as follows: “ Cindy, why did you téll *917 Charlie Morris about me having anything to do with you?’ She says, ‘Well, I never told him. ’ I says, ‘You must have told him, for he told me the very spot you and I went. ’ She says, ‘You are a liar; I never told him.’ ” Whether or not this evidence was incompetent and irrelevant becomes immaterial, for no objection was made to it upon the part of the people. But upon cross-examination by the district attorney the defendant was compelled to testify, under objection and exception, that he had had sexual…