State v. McKiel

BELT J.

Defendant appeals from a judgment of conviction of the crime of rape upon one Betty Gassner, a girl about 15 years old and under the age of consent.

Defendant and his friend Earl Elliott were attending a public dance. While there the defendant, a man of 27 years of age, met Betty for the first time. It was not a matter of formal introduction. It appears, without contradiction that she had several drinks of moonshine whisky at the dance, but they were not given to her by defendant. After the dance was over, Betty and a girl companion started home in an automobile with defendant and his…