State v. Workman

Appeal from a judgment entered upon a verdict convicting the appellant of the crime of statutory rape.

The refusal of the court to direct a verdict of acquittal upon appellant’s motion after the state had rested is the first assignment of error. It is claimed that, because the prosecuting witness testified that she had “intercourse” with the appellant, that this was not sufficient to prove sexual intercourse. One authority, People v. Howard, 143 Cal. 316, 76 Pac. 1116, so holding is cited, but we are not inclined to follow so technical a rule. It is plain from the whole of her testimony that…