People v. Hammer

Defendant was charged with having committed rape upon the person of a girl under the age of eighteen years, the alleged victim having been of the age of sixteen at the time of the alleged offense. The jury rendered a verdict of guilty and defendant appeals from the judgment of conviction and from an order of the trial court denying his motion for a new trial.

The testimony of appellant, and of three other witnesses who corroborated him, established a perfect alibi, if the jury had elected to believe the evidence put forward by the defense upon that issue. The trial judge instructed the jury:

“Th…