People v. Jones

VAN DYKE, J. *

Appellant was charged with forcible rape, tried to a jury and convicted. He appeals from the judgment. The prosecutrix lived near where the appellant resided. About 1:30 a.m. on August 4, 1962, she was awakened by a young Negro man who, covering her mouth with one hand while he held a knife to her throat with the other, proceeded to rape her. The sole contention on appeal is that the identification of appellant as the rapist is legally insufficient. We find the contention without merit.

The strength or weakness of identification is a matter solely within the province of the jury.…