People v. Smallwood

James Smallwood was found guilty of statutory rape and on September 2, 1938, was sentenced to imprisonment for a term from 10 to 30 years. The case was tried without a jury. The prosecuting witness against whom it is alleged the crime was committed was defendant’s own daughter, a girl 15 years of age. The wife of defendant and mother of the girl had disappeared and deserted defendant and their four children. Defendant did not obtain a divorce. He was 39 years of age and had been out of work for a year prior to the time the alleged crime was committed. The family was poor.' Most of the members…