State v. Murray

MORIARTY, C.

This is a second appeal in this case. The opinion on the former appeal is found in 193 N. W. 132, 46 S. D. 410. That decision set aside the conviction, and ordered a new trial, to be granted on the single ground that the trial court erred in admitting certain evidence. On the second trial defendant was again found guilty of the crime of second degree rape committed on one Ingaborg Westre, a girl who was about 15 years old at the time of the alleged offense.

The corpus delicti was established by undisputed proof of the age of the girl, and that about October 27, 1919, she gave *431birth,…