State v. Smith

Tlie prosecuting witness is tlie illegitimate daughter of the appellant. She was sixteen years old on March 17, 1921, and hence below the age of consent at the time alleged in the indictment. Her mother’s maiden name was Merrill, and she bears that name. Her-mother is now married to a man by the- name of Akins, and the prosecuting witness resides with her mother and stepfather, in the town of Lorimor. The appellant lives in that vicinity, and had called at the Akins home, from time to time, to .see the prosecutrix. He recognized her as his daughter.

About the middle of September, 1919, the…