¶11. The evidence being insufficient to support the verdict finding the defendant guilty, it was contrary to law.
¶22. In view of the holding in the preceding headnote, the assignments of error predicated upon the charge of the court need not he considered.
¶3Judgment reversed.
¶4concurring specially. I do not suppose that any member of this court, in a proper case, would hesitate to affirm the judgment and verdict of guilty against a man shown to be guilty of the offense of rape. I concur in the judgment reversing the judgment of the court below, because I am decidedly of the opinion that there was not sufficient evidence to show that the defendant was guilty. No man should be punished for a crime, unless there is sufficient evidence under the law to establish his guilt.