People v. Prescott

Upon trial by jury defendant was convicted of the crime of statutory rape (Act No. 328, §520, Pub. Acts 1931). He prosecutes review by appeal and alleges five errors. One error commands reversal.

The prosecution had the burden of showing and the jury the obligation of finding, beyond a reasonable doubt, before verdict of guilty, that defendant had sexual intercourse with Virginia Summerland on or about September 2, 1932, and at that time she was under the age of 16 years.

The girl testified to the act, and her mother testified that the girl was born March 14, 1917, and, therefore, was 15 years,…