Butler v. State

The appellants, Bill Butler and Linwood Butler, were charged in separate indictments with rape in the second degree. The cases were consolidated, because both crimes were committed as part of the same transaction.

The record indicates that, on the day of the offense, both appellants and the victim's father, were working on an automobile at Linwood Butler's house. The three men were drinking beer throughout the day. The victim's testimony indicates that Linwood Butler's two sons were also present. The victim, who was 15 years old, and her 13-year-old brother, came to Linwood Butler's house to…