Although the testimony of the complainant, a sixteen-year-old girl, upon which the state mainly relied, contained inconsistencies and suggested circumstances which the court might have regarded as weakening it, upon the whole evidence the trial court could properly find that the acts which were the basis for the charges of indecent assault were proved beyond a reasonable doubt. There is no essential contradiction in terms between the offense of indecent assault and the provision in the statute that
It is within the discretion of the trial court to point out to the jury, where such is the fact, that a determination of the issues turns largely upon ascertaining which of the parties is telling the truth. In commenting upon the plaintiff's testimony that a receipt for a mortgage payment, offered in evidence by the defendant, had been signed by him two months before the payment was due on the strength of the defendant's promise, never fulfilled, to pay him at a later date, the trial court instructed