State v. McConville

James McConville was convicted of the crime of rape and has appealed from the judgment and from an order denying him a new trial.

The only errors assigned relate to (1) the exclusion of certain evidence, (2) the refusal to give instructions requested by the defendant, and (3) the alleged misconduct of the presiding judge.

1. Upon direct examination the prosecuting witness testified to her age—that she was under eighteen—at the time the alleged offense was committed. On cross-examination she stated that she could not remember how old she was when she first entered school; could not say whether…