Magwire v. People

Plaintiff in error, hereinafter referred to as defendant, prosecutes this writ to review a judgment sentencing him to the penitentiary for a period of seven to nine years on a verdict of guilty of rape.

But four alleged errors need be considered: (1) The insufficiency of the evidence; (2) The refusal to give defendant’s instruction Ño. 5; (3) The refusal to give defendant’s instruction No. 6; (4) The giving of instruction No. 8%.

1. The information charged a common law rape. The evidence, as disclosed by the record, is far from satisfactory. Defendant was twenty-three years old and prosecutrix…