State v. Scarborough

SADLER, Justice.

The defendant was convicted of rape in the district court of Curry County and sentenced to a term in the penitentiary. He prosecutes this appeal in an effort to secure a new trial. Two grounds of reversal are set up, the first claiming error in the trial court’s refusal of a specially requested instruction touching the effect of extreme intoxication as producing temporary impotency, thereby rendering it unlikely that he could or would have committed the offense charged. The second, indeed, only other error claimed, is the trial court’s action in overruling an objection to a…