People v. Whittemore

Defendant was convicted of statutory rape upon his 13-year old step-daughter. He requested the trial judge to instruct the jury that lack of pregnancy could be considered upon the issue of whether there was sexual intercourse. This was refused. Counsel contend that inasmuch as pregnancy may be shown the converse ought to be true. No authority is cited. Pregnancy speaks of sexual intercourse, but lack of pregnancy does not speak either way on the subject. It was at the most a subject for argument. There was no error in refusing the instruction.

The information alleged the crime was committed…