Stewart v. State

CATES, Judge.

Stewart stands convicted of raping his first cousin, then a girl of sixteen: sentenced to ten years’ imprisonment, he appeals.

The prosecutrix had come to live with the Stewarts to look after their nine months old baby while Mrs. Stewart worked. The morning of December 22, 1955, Stewart walked with his wife to her bus stop. After she caught the bus for work, he went to a grocery store and returned home with some bread and milk. The remainder of the morning he lay on the bed.

The baby’s crib was in the bedroom near the bed on which Stewart lay. The prosecutrix on several occasions…