State v. Moe

The defendant was tried for rape alleged to have been committed by him upon his thirteen year old daughter.

At the close of the evidence the court, commenting upon the testimony introduced with particular reference to that of the prosecutrix, characterized this case as being one within the category of those rare cases in which the story told is so inherently improbable, or is so nullified by material self-contradictions, that a fair-minded man cannot believe it; and thereupon advised the jury to bring in a verdict of not guilty, adding: “However, you are not bound by the advice of the court.”…