Eubanks v. State

LATTIMORE, Judge.

Conviction for assault to rape; punishment, three years in the penitentiary.

Appellant complains of the introduction of the testimony of officer Stephenson who said that he went to the house of prosecuting witness at some time after eleven o’clock at night, on the night of the alleged assault, and was told by her that the man who assaulted her was a chauffeur for some lady who lived on Harwood Street. Appellant was a negro and lived on Harwood Street. He testified along with a number of witnesses to an absolute alibi. The learned trial judge qualifies the bill of exception…