State v. Borchert

The opinion of the court was delivered by

Mason, J :

Robert Borchert appeals from a conviction upon a charge of rape alleged to have been committed by his carnally and unlawfully knowing his daughter, she being under eighteen years of age. Various assignments of error are made, only two of which require discussion, one relating to the admission of testimony and the other to communication between judge and jury after the submission of the case.

The state was permitted, over defendant’s objection, to give evidence of a number of acts of illicit intercourse other than that upon which reliance was…