State v. Famber

[41]

ELLISON, J.

The appellant was convicted of the felony of rape upon a female child ten years old, in violation of Sec. 4393, E. S. Mo. 1939, Mo., E. S. A. Under this statute force is unnecessary in the perpetration of the crime upon a ehiid of that age. We shall refer hereafter to the child here involved only as “the prosecutrix.” lie was convicted by a jury and his punishment assessed at three years ' imprisonment in the penitentiary. On this appeal appellant complains of error in: (1) the admission of the testimony of the prosecutrix adduced to prove penetration, his contention being that…