Cook v. State

The plaintiff in error was convicted of rape upon the person of one Hattie Rotliholz, a child of between 8 and 9 years of age. The principal argument of plaintiff in error is that the evidence does not sustain the verdict.

We think it unnecessary to set out the details further than to observe that the only point upon which there was no direct evidence was as to whether penetration had taken place. The question then arises whether this fact may be proved by indirect or circumstantial evidence, and, if so, whether there is sufficient evidence of that nature to support a conviction. In the first…