People v. Merrill

From a conviction of rape with force and violence and an order denying his motion for a new trial, defendant appealed.

Questions Presented

1. Was the prosecutrix’ testimony inherently improbable?

2. Error in exclusion of testimony?

3. Error in denying probation ?

4. Error in denying new trial ?

5. Misconduct of district attorney ?

6. Misconduct of judge ?

1. Prosecutrix’ Testimony.

Mary, aged 28, met defendant, aged 32, in September, 1949, at a garage where she kept her car and where he was employed. She saw and talked to him there frequently late at night when she came in with her car. She went out…