State v. Mitchell

Adams, S.

1. rape : ©vitawish.0 es" I. The undisputed evidence shows that in November, 1882, tbe complainant and defendants attended a dance at a private house near Wadena, a mile or more from tbe complainant’s borne in Payette eounty. She started borne at four or five o’clock in tbe morning, riding in a wagon, at first with five others, but *117some of these were left by the way before reaching Stranalian’s. The wagon had no seats, and the members of the company sat on straw in the bottom of the box. The alleged rape, if committed, was committed by the defendant Mitchell on the way to the…