State v. Downs

The opinion of the court was delivered by

Watkins, J.

The accused was indicted, tried and convicted of the crime of rape, and sentenced to life imprisonment in the penitentiary, and rests his appeal upon two bills of exception, and a motion for new trial — the defendant having been accused of ravishing Florence Pool, a colored girl of nine years of age.

I

The first bill of exceptions taken by the defendant relates to the refusal of the trial judge to permit the prosecuting witness to be sworn and examined during the progress of the trial touching her competency as a witness — the objection made…