Smith v. State

Rape; sentence: thirty years imprisonment.

The appellant was indicted and convicted under the general rape indictment: Title 15, § 259 (89), Code of Alabama 1940. The prosecutrix was alleged to be approximately fourteen years old at the time of the incident.

There was testimony presented at trial by relatives of the prosecutrix to the effect that she was retarded and attended a school for retarded children. There was also a statement made by prosecutrix's mother which indicated that a doctor had told her that the prosecutrix had a mind of a two year old. The age of the prosecutrix at the time…