Robinson v. Commonwealth

MILLIKEN, Judge.

The appellant, James Earl Robinson, was convicted of the crime of raping his sister-in-law, Eva (Kathy) McIntosh, and was sentenced to ten years in the penitentiary. At a previous trial of the case the jury was not able to agree. He admitted having sexual intercourse with the girl, but contended that he did so with her consent. On appeal, Robinson contends that certain testimony should not have been admitted in rebuttal and that the evidence was insufficient to sustain his conviction of rape.

At the time of trial, Eva McIntosh was nineteen years of age, and according to the…