Upton v. State

This is an appeal from a conviction for rape in which the death penalty was imposed. The appellant’s defense was an alibi and physical incapacity and his conviction rests on the uncorroborated testimony of the woman he is alleged to have raped. It is true that a conviction for rape may rest “on the uncorroborated testimony of the person raped, but it should always be scrutinized with caution; and, where there is much in the facts and circumstances in evidence to discredit her testimony” another jury should be permitted to pass thereon. Monroe v. State, 71 Miss. 196, 13 So. 884; Rawls v.…