Wheeler v. State

The defendant, Fred Wheeler, was charged in the district court of Jackson county with the crime of rape in the first degree, was tried, convicted, and sentenced to serve a term of 15 years imprisonment in the State Penitentiary, and has appealed.

It is contended that the court erred in refusing to sustain the motion of defendant for an instructed verdict of not guilty on the ground that the material evidence of the state is contradictory, inconsistent and unreasonable and bears upon its face inherent evidence of improbability; counsel citing in support of his contention the rule of law laid…