Martin v. State

OPINION

By the Court,

McNamee, J.:

On March 29, 1963 the defendant was found guilty by jury verdict of rape, and judgment pursuant to said verdict was entered April 2, 1963 sentencing him to prison for not less than 5 years nor more than 20 years. His motion for new trial was denied. Appeal is from the judgment and from the order denying a new trial.

It appears from the evidence that on November 14, 1962 the defendant and his wife were at the home of Patsy Camplin who shared the dwelling with the victim, Geri Thompson. While Merilou Martin, his wife, was in the living room babysitting, defendant…