State v. Collins

Woods, President:

Convicted by a jury in the common pleas court of Cabell county of an attempted rape and sentenced to confinement for five years in the penitentiary, on an indictment for statutory rape, and being refused a writ of error by the circuit court, defendant, Luther Collins, prosecutes error to this Court.

According to the State’s evidence, the prosecutrix was born July 5, 1912, and was, therefore, under sixteen years of age on the date of the alleged rape, to-wit, May 1, 1928. The prosecutrix testified that Luther Collins, while doing the feeding at her father’s barn on the latter…