Horne v. State

DREW, Justice.

This is an appeal from a judgment and sentence of death based upon a verdict finding appellant guilty of the crime of rape without recommendation for mercy.

Appellant, a Negro, was apprehended during the early morning following the crime of which he stands convicted, and the prosecutrix, a 48 year old white woman, was taken from his automobile. She made an immediate and spontaneous accusation of the appellant, in his presence, to the officers making the arrest, and was immediately removed to a hospital where she received medical attention. There is thus no issue as to identity.…