State v. Hibbard

The opinion of the court was delivered by

MASON, J.:

Martin Hibbard was prosecuted upon an information in one count charging him with the offense of “statutory” rape — that is, with carnally knowing a female under the age of eighteen years. At a first trial the jury disagreed and were discharged. A second trial resulted in a verdict of guilty, which, however, was set aside. A change of venue was then ordered and the case was sent to another county. There *377a conviction was had, from which the defendant appeals.

In each of the three trials the complaining witness testified that the defendant had…