State v. Madrid

*202THOMAS, Justice.

Appellant, who was 39 years of age, was charged with and convicted of the crime of committing lewd and lascivious acts upon his daughter, then of the age of 11 years. From the judgment of conviction and from an order denying a new trial, this appeal was taken.

The complaining witness testified that on the particular date her father, while purportedly taking her to the postoffice in the family car, drove to the Purina Chow Mill, in Pocatello, where he committed the alleged acts in the car; that following the commission thereof they returned to the family residence and that she…