Randle v. State

J. Fred Jones, Justice.

James B. Randle and Clifford L. Wright were charged, in the Columbia County Circuit Court, with the crimes of first degree rape. Randle was also charged with third degree rape. They were tried jointly on their own motion, the jury found them both guilty of first degree rape and they were sentenced to the state penitentiary for periods of thirty years each.

Both defendants have appealed to this court and they rely on the following points for reversal:

“The crime of carnal abuse is included in the offense of rape and the jury should have been instructed on third degree rape.