State v. Cole

Defendant was indicted and tried in Lyon county for the crime of rape. The jury returned a verdict of guilty. Defendant moved the trial court to set aside the verdict and dismiss the action or, in the alternative, to grant a new trial. Both phases of the motion were denied, and defendant appeals from the order denying him a new trial.

The evidence showed that defendant and the complaining witness met in a tavern on the night of the alleged crime. It appears that they were not previously acquainted. In company with other young people, they went to an adjoining town to visit another tavern. It…