State v. Cosler

An information was filed in the district court for Gooding county charging Walter 'Cosier with the crime of rape, committed upon the person of one Elizabeth Walton, who had been prior to the alleged crime a student of the State School for the Deaf and Dumb at Gooding. It was alleged that Elizabeth Walton was incapable, through unsoundness of mind, of giving legal consent to the act of sexual intercourse. Appellant Cosier was convicted and appeals from the judgment. A number of assignments of error are made.

Appellant interposed a demurrer to the amended information. The demurrer wasi…