People v. Demars

Defendant was convicted of rape of a female child under the age of 16 years, contrary to section 15211, 3 Comp. Laws 1915. We discuss the questions presented on error:

That the court erred in denying the motion for a new trial on the ground of newly-discovered evidence.

The prosecuting witness, testifying, fixed the date of the offense at (the same as charged in the information) August 13, 1924, and the hour at about 10 or 11 o’clock in the forenoon, and the place, a certain vacant store in the township of Warren, Macomb county.

The claimed newly-discovered evidence is that of the lessee of the…