State v. Apodaca

BICKLEY, Justice.

The appellant was convicted of the crime of statutory rape. At the clos'e of the state’s case and at the close of the case, appellant moved for an instructed verdict, which motions were overruled. After-wards a motion for a new trial was made, which was also denied. The case is here on appeal.

The first question raised by the motion for a new trial is that there was no legal evidence showing that the prosecuting witness was under the age' of sixteen years.

The prosecuting witness testified on direct examination as follows:

“Q. How old are you? A. Fifteen.

“Q. When were you…