State v. . Wyont

There is no merit in the defendant’s exception to the refusal of the court to dismiss the prosecution as of nonsuit. The evidence was sufficient to be submitted to a jury.

The court below in its charge, in summarizing the contentions of the defendant, said in part: “He challenges the question of her age and insists that you should not find beyond a reasonable doubt that she is under 16 years of age; that on the contrary that she is over that; (whereas the Biblical records and the testimony of her mother and father should satisfy you beyond a reasonable doubt that she is under 16 years of age)…