State v. Waters

Milder, Judge:

The defendant was convicted of the statutory offense of rape upon a female child under the age of sixteen years, and sentenced to serve a term in the state penitentiary.

On his motion for a new trial in the court below and in support of his petition for a reversal of the judgment defendant contends that the evidence was insufficient to support a verdict of guilty.

The prosecutrix was the stepdaughter of defendant, living in the home with him, her mother and her brothers and sisters. She testified that on a Sunday night, about the first of April, 1926, when her mother was away from…