O'Chiato v. People

The plaintiff in error, hereinafter referred to as defendant, was charged with statutory rape. A verdict of guilty was returned by the jury, and defendant was sentenced to the state reformatory. To review that judgment he prosecutes this writ of error.

The information alleges that the crime was. committed on February 20, 1921, and against a female person, therein named, under the age of eighteen years. At the trial, the prosecuting witness was permitted to testify, over the objection of defendant, that on November 13, 1921, she gave birth to a child. This was evidence that the prosecuting…