State v. Acklus

— Appellant was tried and convicted upon a charge of carnally knowing a female child of the age of thirteen years. Appealing, he assigns error upon the admission of certain testimony, and also contends that the verdict is contrary to the evidence.

A physician was called by the state and testified to having made a physical examination of the prosecuting witness, and detailed the conditions which he found to exist. He was then permitted to testify, over the objection of appellant, that, in his opinion, the prosecuting witness had had sexual intercourse. In cases of this kind the rules must be…