State v. Shouse

SEYMOUR, Justice.

Defendant appeals from conviction and sentence for rape of a female over the age of sixteen years.

There are two contentions made: That the evidence of the alleged crime is so inherently improbable that the verdict of guilty based thereon would be a miscarriage of justice; also, that the trial court erred in refusing defendant’s requested instruction numbered five reading as follows:

“You are further instructed that the Court takes judicial notice of the laws of nature and the scientific facts' connected with the human anatomy and this Court takes judicial notice of the fact…