Mitchell v. State

From -a judgment of conviction for incest, the defendant appealed.

Upon the trial of this case it was insisted by the state that the Appellant was the uncle of the prosecutrix, Alma Mitchell, and knowing of such relationship, he had sexual intercourse with her. The testimony of the prosecutrix, and upon which the conviction of the defendant rested,,disclosed a most unusual state of facts. Her evidence tended to show that the defendant had sexual intercourse with her in the daytime in his home, and in the presence of defendant’s wife, Mrs. Ella Mitchell, who assisted her husband in the…