Smith v. State

BOOKOUT, Judge.

Appellant was indicted for the offense of rape and was represented by court appointed counsel during the trial and on appeal.

Five witnesses testified for the State. The prosecutrix identified the appellant as the person who raped her. She made a personal identification and identification by tatoos on the appellant. Other witnesses were the mother of the prosecutrix; the examining .physician, Dr. Barry L. Wilson; a State Toxicologist, Mrs. Mary Frances Wisdom; and Montgomery City Detective, Wesley Strane.

After a prima facie case was made by the State, the defendant requested to…