State v. Field

On appeal. The respondent was found guilty of rape and appeals from denial of a motion for a new trial.

The witnesses for the State were the prosecutrix and a deputy sheriff to whom she complained of the rape. The only witness for the respondent was the physician who examined the prosecutrix at the request of the deputy sheriff.

The respondent did not take the stand. “. . . the fact that he does not testify in his own behalf shall not be taken as evidence of his guilt.” R. S., c. 148, § 22.

In brief, the prosecutrix testified as follows:

As the prosecutrix was walking home on a Portland street at…