Leach v. State

CATES, Judge.

This is an appeal from a conviction of statutory rape of a female fourteen years of age, appellant’s daughter. Code 1940, T. 14, § 399. The jury on conviction set the punishment at the maximum, ten years in the penitentiary.

I

The trial judge refused the following charge which appellant tendered in writing:

“I charge you the Jury that where the victim fails to make complaint immediately that this casts suspicion upon her testimony.”

We have reviewed Clark v. State, 28 Ala.App. 448, 186 So. 778, and Stewart v. State, 25 Ala.App. 266, 145 So. 162, cited by appellant in brief. However,…