Donahoo v. State

Michael E. Donahoo was tried by a jury in Jefferson County, Alabama, on a charge of rape, found guilty and sentenced to life imprisonment. On conviction, appellant immediately gave notice of appeal and filed a motion for new trial. A hearing on the motion was held and the motion was denied.

The sufficiency of the evidence was not raised by a motion to exclude the State's evidence, but was mentioned as grounds for a new trial in appellant's motion for new trial.

Sufficiency of the evidence was not insisted on at the hearing on the motion, and the only issue raised at the hearing, and on appeal,…