State v. Gardner

The defendant, L. F. Gardner, was convicted of the crime of rape, alleged to have been committed by having sexual intercourse with one Mabel Hitchman, a female under the age of sixteen years; and, having been sentenced to imprisonment in the penitentiary for the term of seven years, he appeals, assigning as error the action of the trial court in refusing to grant a new trial on the ground of surprise, newly discovered evidence, insufficiency of the evidence to support the judgment, and because the verdict is against law.

1. As a preliminary matter, it is insisted that the judge before whom he…