State v. Miller

Lees, C.

Defendant was convicted of the crime of rape and appealed from an order denying his motion for a new trial. It is contended that the order is erroneous because the evidence does not support the verdict.

At the time of the alleged commission of the offense the prose-cutrix was 19 years of age, unmarried, employed in the store of Ben Chozen, a merchant in Jackson, Minnesota, and lived with his family. The defendant was 89 years of age, married, and employed in the store of his father-in-law, A. L. Warnke. The Chozen and Warnke stores were in the same building, and the prosecutrix and the…