State of Kansas v. Wiswell

The opinion of the court was delivered by

Hutchison, J.:

The defendant is charged in this case with the crime of forcible rape upon Mrs. Mildred Carroll. He was tried, found guilty and now appeals, alleging error in refusing to grant a *660continuance, in admitting and excluding evidence and in failing to instruct as to the lesser offense included in the charge.

The story of the prosecuting witness was that she and her husband were making an overland trip from Kansas City to Oklahoma City, catching rides in automobiles as much as possible, and had reached the west edge of Independence, Kan., when…