State v. Boyd

FRYE, Justice.

Defendant was indicted for first degree rape and for taking indecent liberties with a child. During the trial, the second count of the two-count bill of indictment was dismissed and the case was submitted to the jury solely on the first count charging first degree rape. The jury returned a verdict of guilty.

The State’s evidence tended to show that on the evening of 18 November 1985, a week before the victim’s thirteenth birthday, the victim was left alone at home with her half-brother, half-sister, and defendant, her stepfather. The victim’s mother worked the midnight shift that…