Citizen v. State

MORRISON, Judge.

The offense is rape; the punishment, five years.

In view of our disposition of this cause, a recitation of the facts will not be deemed necessary.

Appellant’s motion for new trial is supported by the affidavit of the foreman of the jury, which recites that during their de liberations one of the jurors made the statement that he had heard that Dr. Dan Bussey of Timpson had made a medical examination of the prosecutrix shortly after the time when prosecutrix was alleged to have been raped and that such medical examination revealed that prosecutrix had had sexual intercourse with…