State v. McGee

Lewis, Chief Justice:

Appellant was tried under an indictment charging rape, burglary, and kidnapping. The trial judge directed a verdict of not guilty on the charge of kidnapping and submitted the question of appellant’s guilt of rape and burglary to the jury which returned a verdict of guilty on both charges. Appellant was sentenced to serve concurrent sentences of 30 years on each offense.

In submitting the issues to the jury, the trial judge refused appellant’s request that the jury be instructed as to the punishment “or possible penalties” for the offenses charged; and permitted only…