State v. Kipers

The opinion of the court was delivered by

MARSHALL, J.:

The defendant appeals from a conviction for rape by carnally and unlawfully knowing a female under the age of eighteen years.

1. It is urged that the court committed error in refusing to grant a continuance ón the application of the defendant. The action had been twice tried; each trial had resulted in a failure of the -jury to agree upon a verdict. The trial which resulted in a conviction, commenced on March 4, 1920. On that day the defendant presented an application for a continuance on the ground of the absence of Mrs. John Kipers, who…