State v. Rutledge

The defendant upon trial by jury was convicted of rape. During the course of trial the state produced evidence that medical examination disclosed live sperm in the body of the victim, which sperm, according to the doctor’s testimony, would have been deposited in her body about the time she said the rape occurred.

After the jury had returned its verdict defense counsel moved for a new trial and when this motion was denied, moved for an order supplementing the record. The affidavits supporting the motions stated in substance that the defendant had undergone a vasectomy some years before the rape…