Zumwalt v. State

The defendant was convicted of statutory rape alleged to have been committed on his stepdaughter, Katie Massie, 12 years old. He appeals from the judgment of conviction, and assigns 14 errors. He argues the errors under five separate heads, and we will consider them as they have been argued.

First. He insists that his demurrer to the information and his motion to dismiss the case should have been sustained. The information was sufficient in form and substance as against demurrer had one been interppsed; but the record fails to show that any demurrer was filed or tendered. There was a motion…