People v. Auge

WOOD (Parker), J.

Defendant was convicted in a jury trial of the crime of statutory rape, a felony, in two counts. He appeals from the judgment and from the order denying his motion for a new trial.

It is not asserted that the evidence was insufficient legally to support the judgment, but it is contended that the court committed prejudicial error in refusing to give a cautionary instruction in the form requested by the defendant and in giving an incorrect and misleading cautionary instruction.

Defendant is the stepfather of the prosecutrix, Martha, who was sixteen years of age when the alleged…