State v. Wheaton

The opinion of the court was delivered by

Thiele, J.:

Defendant was convicted of the crime of statutory rape, and appeals. His principal complaint is that he was unduly restricted in presenting his defense because proffered evidence, a considerable part of which was later shown on motion for new trial, was excluded.

On September-30, 1938, the prosecutrix, Ethel Dieleman, was thirteen years of age. Her family had lived in Missouri and, her parents having died, in November, 1934, she came to Cloud county, Kansas, to live with defendant and his wife, the latter being her mother’s sister. In the…