35 P.2d 855 | Colo. | 1934
THE plaintiff in error, Percy Boegel, was charged with the statutory rape of a girl 11 years of age. He was convicted and was sentenced to imprisonment in the penitentiary. He seeks a reversal of the sentence.
[1] 1. Counsel for Boegel contend that the evidence is not sufficient to support the conviction. We do not agree with counsel. The evidence, in our opinion, was ample.
[2, 3] That someone had sexual intercourse with the girl is evident from the fact that she gave birth to a child. The girl testified that Boegel was the man, and she detailed the circumstances. Boegel testified that he did not have sexual intercourse with the girl. Boegel had a right to introduce evidence showing or tending to show that the child was begotten by some person other than himself. O'Chiato v. People,
[4] 2. Counsel for Boegel complain of certain remarks of the trial court to the jury, made after the jury had failed to agree after being out about twenty-three hours. The remarks were the same as those held unobjectionable in Sevilla v. People,
The assignments of error are without merit.
The judgment is affirmed.
MR. JUSTICE CAMPBELL and MR. JUSTICE HOLLAND did not participate.