White v. State

PRICE, Judge.

Appellant and three others, Willie Askew, Eddie Mason and Robert Wilson, were jointly indicted on a charge of rape. The others were tried previously and were convicted. Askew v. State, 36 Ala.App. 710, 63 So.2d 294. Because of appellant’s illness a continuance was ordered as to him and his subsequent trial resulted in his conviction, with punishment fixed at imprisonment for ten years.

The evidence for the State tended to show that prosecutrix, an eighteen year old Negro girl, went with her sister and brother-in-law to a beer joint on the night of the alleged crime. Some time…