State v. Duncan

delivered tbe opinion of tbe court.

Jesse Duncan, a man twenty-five years of age, was convicted of tbe crime of rape, alleged to have been committed on July 15, 1927, upon one Anna Williamson, a girl of seventeen. Tbe jury fixed tbe punishment at not less than two nor more than four years’ imprisonment. After judgment was entered defendant moved for a new trial, which motion was overruled. He has appealed from tbe judgment and from tbe order denying him a new trial.

Tbe undisputed facts established on tbe trial are as follows: On July 15, 1927, tbe prosecutrix was living in tbe home of AI…