People v. Smith

This is an appeal by defendant Ethel Smith from a judgment of conviction of the crime of rape.

Facts

Appellant and James Riley Jenkins were charged in four counts of an indictment with lewd and lascivious conduct and rape alleged to have been committed against the person of Carol Jean Love, the daughter of appellant, on or about August 16 and August 17, 1961. Nine other counts were charged against Jenkins alone. Counts 10 and 12 charged rape against both defendants on the respective dates and counts 11 and 13 charged lewd and lascivious conduct on the same dates. The verdicts of the jury as to…