Stewart v. State

Banke, Judge.

The defendant was indicted for kidnapping with bodily injury, two counts of rape, and one count of criminal attempt to commit aggravated sodomy. The jury acquitted him of the attempted aggravated sodomy charge but found him guilty on the other three counts. He appeals the denial of his motion for new trial.

The victim testified that the defendant abducted her around midnight on March 30, 1977, while she was a passenger in his taxicab. According to her account she was raped twice and beaten repeatedly during the early morning hours of March 31. She finally fell unconscious and…