Justice v. State

Wyatt, Presiding Justice.

The defendant was tried and convicted of rape without a recommendation to mercy. He filed his motion for new trial on the general grounds and later amended his motion adding a number of special grounds. The motion for new trial was denied. The exception here is to that judgment. Held:

1. In so far as the general grounds are concerned, it is necessary to say only that the evidence was amply sufficient to support the verdict.

2. The first special ground, numbered 5, and ground 9 of the amended motion for new trial complain that it was error to allow testimony from a…