Show NEW TfflALFO HLERO i Certain Testimony Erroneously Erroneous-ly Admitted at Trial L SUPREME COURT DIVIDED Christopher Hilberg Who Was Sentenced Sen-tenced to Two Yearn in Prison on Conviction of Having Criminal Be i lations with Anna Ward a Girl Tinder thoAge of Consent Granted 4 Another Trial Trurabo Wins in Suit Brought by B Y Trust Company Com-pany Againsb Him Tho Supreme court yesterday handed L down an opinion ju the case of the State VB Christopher 111 berg rovers ing the judgment of the trial court and i granting tho defendant a new trial i Tho opinion was written by Justice Miner and concurred In by Justice Buskin Bus-kin while Chief Justice DartHi Imiidod ii down a dissenting opinion holding that 1 the Judgment of the trial court should Bland Hllberg was convicted and sentenced to two years Imprisonment for having criminal Intercourse with Anna Ward a girl of Hi two years under the age of consent iTho girl was permitted to testify on tr witness stand to acts of the same kind alleged to huve been committed both before and after the specific act charged In the Information The Supreme court holds that the admission I ad-mission of such testimony was error h and prejudicial to the defendant Error was urged by the appellant In tin charge to the Jury for the reason that M the court refused to Instruct the Jury I 38 that no conviction could be had on the testimony of an accomplice unless corroborated cor-roborated The Supreme court did not sustain this contention holding that although the girl knowingly and willingly will-ingly consented to the act but being G under the age of consent the law will not presume that she consented hence z she could not be regarded us an ac IT cornjlce The reversal was therefore granted solely on the erroneous admission L admis-sion of testimony as to other acts than tho one specified In the Information Gi 1 Chief Justice Bartch In his dissenting opinion held that the testimony referred re-ferred to was properly admitted for the reason that It tended to prove the disposition t dis-position of the defendant and the likelihood tI like-lihood of his having committed the m specific act charged |