State v. Upton

STANFORD, Chief Justice.

Before we offer the statement of facts it is proper that we state that counsel who appeared in this court to assist this appel lant did not represent defendant in the trial court.

The appellant herein, hereinafter referred to as defendant, was charged in the superior court with the crime of statutory-rape, a felony, upon a girl fifteen years of age. Defendant pleaded not guilty to the charge. A jury returned a verdict of guilty. Thereafter defendant’s motion for new trial to set aside the verdict was denied.

The act complained of was claimed to have been committed…