People v. Pribnow

TYLER, P. J.

The appellant was convicted of the crime of statutory rape. This is an appeal from the judgment and from an order denying his motion for a new trial.

[254]

The facts as revealed by the record show that the prosecutrix, Irene Pribnow, a female person, was adopted, by the defendant and his wife in the state of Missouri when she was about five years of age. About four years thereafter defendant persuaded her to have sexual relations with him, and this course of conduct continued between the parties at different times and places up to the twenty-ninth day of March, 1922, the time of the commission of the act here complained of and when the prosecutrix had reached the age of sixteen years. At the time she caused the arrest of the defendant a written statement was made by her of her relations with him1. This statement contained the facts as above narrated and also the further fact that the conduct of the parties resulted in the birth of a child, which was adopted by a family in Oregon.

Defendant did not take the stand in his own behalf, nor did he call any witnesses to disprove the testimony of the prosecutrix, which was to the same effect as her previous written statement. On the contrary, there is evidence in the record to show that when this statement was read to the defendant shortly after his arrest he admitted that its contents were in all essentials correct, except that he was of the opinion that the prosecutrix was not quite as young as nine years when their illicit relations commenced. Defendant here seeks a reversal of the judgment, and assigns numerous grounds therefor.

It is first claimed that the story of the Pribnow girl is uncorroborated and inherently improbable. A complete answer to this contention is that the defendant made no attempt in any manner to disprove the charges, but, on the contrary, admitted that the story was in all essential particulars true. There is also testimony in the record to the effect that the defendant and the prosecutrix occupied the same room together. The conviction was not had, therefore, upon the sole uncorroborated testimony of the prosecutrix.

Complaint is also made of the absence of evidence of resistance on the part of the prosecutrix or complaint by her. There is no merit in this contention. A reading of the record shows that the relations of the parties began when the prosecutrix was a child of tender years, and continued up to the very time of the defendant’s arrest, and that he