Cheney v. State

Cheney was indicted for the offense of rape; was tried, convicted, recommended to mercy by the verdict of the jury, and sentenced to a term of imprisonment for twenty years. He made a motion for a new trial, because the court committed error in charging the jury, and because the verdict was contrary to law and the evidence. A careful examination of the evidence in the case convinces us that the conviction of the plaintiff in error was contrary to law. The main witness *504for the State was the girl upon whom the rape was alleged to have been committed. While in her evidence she makes a statement…