State v. Paddock

Defendant was convicted of the crime of rape upon his twelve-year old daughter, and judgment was pronounced against him. His motion for a new trial was denied, and he appealed from the judgment and from the order denying the motion. Only such portion of the evidence will be alluded to as we deem necessary in considering the questions raised.

The record discloses that prosecutrix, Ivy Paddock, and the defendant, were living together at the home of defendant’s sister at Glendive, when the crime is alleged to have been committed. No one else was living in the house at the time. Prose-cutrix…