Summerville v. State

Appellant was indicted for statutory rape of Miss Hazel Carpenter, an unmarried female, younger than appellant, and over twelve and under eighteen years of age. Section 2359, Code 1942. The jury convicted and sentenced him to two years in the State penitentiary.

When the State rested its case, defendant moved the court to exclude the evidence and direct the jury to acquit him. The motion was overruled. That action is now assigned and argued as error. The motion was based upon three grounds — first, that no evidence corroborating the prosecutrix had been introduced; second, that the State had…