People v. Castro

—Defendant was convicted of the crime of rape. The superior court granted a motion for a new trial, and the state appeals. The offense is alleged by the information to have been committed upon June 30, 1899, and the prosecutrix was alleged to have been under the age of consent. At the-trial, four separate acts of sexual intercourse committed by defendant were sworn to by the prosecutrix. These acts were proven under objection of defendant, and covered a period of time extending over several months. No one of the acts was proven to have been committed upon the thirtieth day of June. It is not…