Wagner v. State

The defendant was informed against for statutory rape, and upon his trial was convicted. He has appealed.

The grounds of his appeal are: (1) That the prosecutrix was over the age of eighteen years; (2) that the evidence fails to show that rape was consummated; and (3) that his confession of guilt was not free and voluntary, and that before it was made he was not advised that what he might say could be used against him. There are a number of assignments of error, hut these three points fully cover all of them.

The question of the age of the prosecutrix was one of fact, to be determined by the…