State v. Till

OPINION

HENSLEY, Jr., Chief Judge, Court of Appeals.

The defendant was charged with having committed the crime of rape of a child. The statute alleged to have been violated is § 40A-9-4, N.M.S.A.1953. Following a verdict of guilty and a sentence to life imprisonment the defendant prosecutes this appeal.

The appellant and the mother of the prosecutrix had at one time been husband and wife. The marriage ended in divorce and thereafter the mother remarried. The prosecutrix, a nine year old, was a child of the second marriage. Without dissolving the second marriage the mother of the prosecutrix and…