Bailey v. State

J. Seaborn Holt, Associate Justice.

Appellant, Luther Bailey, was convicted of the crime of rape and the death penalty was assessed, — § 41-3401 — 41-3402— 41-3403, Ark. Stats. 1947. From the judgment comes this appeal.

For . reversal appellant has assigned 31 alleged errors in his motion for a new trial.' The first three assignments question the sufficiency of the evidence. The prosecuting witness (a widow, 49 years of age, mother of two daughters and supervisor with the Independent Linen Company) testified that in the early morning (about 12:30 a.m.) of June 14, 1956, she was awakened by the…