Smith v. State

BAREFOOT, P. J„

The defendant, Nathaniel Smith, was charged with the crime of rape in the first degree in Garfield county, was tried, convicted and sentenced to serve a term of 25 years in the penitentiary, and hasf-appealed. The defendant, being unable to give bond pend-, ing appeal, is confined in the penitentiary, and for this reason this case has been advanced and is decided at this time.

Defendant was represented by counsel at the trial in the district court; different counsel appeared for defendant on appeal to this court and orally argued the same; but no brief has been filed either on…