Montgomery v. State

George Rose Smith, Justice.

This is a prosecution for first degree rape, in which the appellant was found guilty and sentenced to death. Finding reversible errors in the record, we discuss those matters and also such other questions as are apt to recur upon a new trial.

The prosecutrix, Laura Wolfe, age 18, was living with her mother in West Helena oh the date of the offense, October 17, 1969. She testified that at. about 11:00 a.m. a man whom she identified as the defendant knocked on the door, stated that he was a roof repairman, and asked permission to use the telephone to call his boss.…