People v. Williams

The defendant was convicted upon a charge of rape upon the person of a child aged thirteen. The appeal is from the judgment and from an order denying a new trial.

As I think the judgment must be reversed, many of the points made will not require consideration. Only those will be noticed, other than the one which necessitates a reversal, which may be necessary for the guidance of the court upon a retrial.

The briefs contain a long discussion as to the sufficiency of the evidence. It is not claimed that there was not sufficient evidence, if the prosecuting witness was worthy of credence. But her…