Garden v. State

OPINION

By the Court,

Merrill, J.:

This is an appeal from judgment of conviction of the crime of statutory rape.

The first assignment of error is that the jury verdict of guilty is unsupported by any substantial evidence; that the trial court, under the evidence, should have advised a verdict of not guilty. Appellant has cited authority upon the proposition that a scintilla of evidence is not enough; that there must be substantial evidence to provide support for the verdict. This proposition does not meet the problem presented by this case, however. There can be no doubt of the substance of the…