Kelsoe v. State

TYSON, Judge.

The Grand Jury of Butler County, Alabama, charged the appellant with rape. The Jury’s verdict found him “guilty of assault with intent to ravish,” and judgment fixed punishment at five years imprisonment in the penitentiary. Appellant’s motion for new trial was denied.

The prosecutrix testified that on August 4, 1971, the date of the alleged rape, she was thirteen years of age. She stated that on that day appellant had called her on the phone and asked if she wanted to go riding around. She replied that she did, and agreed to meet appellant on a gravel road below his house. Upon…