Hengstler v. State

Appellant was convicted of rape in the first degree upon a female child under the age of sixteen years.

Error is predicated upon the overruling of appellant’s motions for a new trial and to withdraw the submis sion of the cause on account of misconduct of the prosecuting attorney. Error is also assigned upon the overruling of appellant’s motion in arrest of judgment, but this error and the specification in the motion for a new trial that the verdict is not sustained by sufficient evidence are expressly waived.

Complaint is made of instruction No. 4 that it assumes to tell the jury what was…