Smelcher v. State

James Floyd Smelcher was indicted for rape in the first degree and sodomy in the first degree. The jury found him guilty of the rape charge and not guilty of the sodomy charge. The trial judge sentenced the appellant to 120 years in the penitentiary, and fined him $1,000.

The victim in this case testified that she knew the appellant because he was a friend of two brothers that she was dating, Rodney and Edward Barksdale. On June 1, 1986, the victim was at her house studying for final exams when this appellant drove up in his van. When the victim went outside, the appellant asked her to go with…