State v. Prokosch

Defendant was indicted and on trial convicted of the crime of rape upon a female of unsound and feeble mind. He appealed from an order denying a new trial.

The record presents the questions: (1) Whether the evidence is sufficient to justify the conviction; (2) whether there was error in the admission or exclusion of evidence or in the instructions to the jury, and (3) whether there was misconduct on the part of the prosecuting attorney prejudicial to the rights of defendant.

It appears that, at the time charged in the indictment, complainant was of the age of - 22 years and an inmate'of the…