State v. Keyser

— This is an appeal from a judgment convicting appellant of rape alleged to have been committed upon the person of one Vesta Daugherty. It is contended that the court erred as follows: First, in overruling appellant’s motion for a change of venue; second, in advising the jury that parts of appellant’s affidavits in support of his motion for continuance, setting forth what certain absent witnesses would testify to, and introduced in evidence upon the state’s admitting that they would so testify, were the affidavits of appellant, and neglecting to instruct them that they should be considered as…