State v. Rogers

— Defendant was accused of the crime of statutory rape perpetrated upon the body of the prosecutrix. Conviction was had and defendant has appealed from the judgment thereof.

He primarily charges that the trial court erred in refusing to give the following requested instruction:

“You are instructed that in this case there being but one charge and no evidence given of any other act than that charged to have occurred on December 22, 1928, and the state having chosen to rely upon that date, and having confined their proof to that date, that you must find the defendant guilty as of that date only,…