Smith v. State

HARPER, Judge.

Appellant was convicted of rape and his punishment assessed at ten years confinement in the State penitentiary.

Appellant asks for a reversal of the case on account of the court refusing to continue the case on account of the absence of the witness John Pleasants. As qualified bv the court we would not feel authorized to reverse the case on that ground, but as the case will be reversed on other grounds this ground need not be discussed.

Golly Booker, a negro girl under fifteen years of age, testified to appellant picking her up, laying her on the bed and having an act of…