State v. Williams

McDONOUGH, Chief Justice.

Appellant was convicted of the crime of rape, sentenced to prison, and he appeals. The alleged victim was a 13 year old subnormal girl whose mental age was between 8 and 10, and who had frequent epileptic seizures.

Appellant’s two principal assignments of error are interrelated. He contends (1) that the trial court erred in ruling that the prosecuting witness was competent to testify, and (2) that the court erred in denying defendant’s motion for a directed verdict of acquittal in that the evidence did not warrant a contrary verdict.

Prior to being permitted to testify…