Spear v. State

Jordan, Justice.

In appealing his conviction and sentence for rape, and the overruling of his motion for a new trial the defendant makes two assertions, (1) that the trial judge erred in failing to charge without request on good character as a defense as it was demanded by the evidence and a substantive defense, and (2) that the evidence is insufficient to corroborate the testimony of the victim as to rape instead of attempted rape. Held:

1. While present law exempts the defendant in a criminal case from the strict requirements imposed on litigants in civil cases to preserve an issue on the…