State v. Powell

— The appellant was convicted of the crime of rape, alleged to have been committed upon a girl under the age of eighteen years. He appeals from a judgment of conviction based upon the verdict of a jury.

Pie assigns several errors, but we think there is no merit in any of the assignments except the one based upon the motion for new trial upon the ground of newly discovered evidence. The prosecuting witness was a girl just past fifteen years of age at the time of the alleged rape. She testified at the trial that she had voluntarily submitted to sexual intercourse with the appellant on April 21,…