Oakes v. State

The evidence was insufficient to support the verdict finding the defendant guilty of rape, and the trial court erred in refusing a new trial.

No. 15577. OCTOBER 9, 1946.

Tommy Oakes, who was jointly indicted with Luke Carter, was convicted of rape. His motion for a new trial was overruled, and to this judgment he excepted.

The State's evidence tended to show the following facts: On February 14, 1946, the prosecutrix, who was twenty-six years old, came to Atlanta with her husband. He had just been discharged from the Navy and made the trip to purchase civilian clothes. They registered in a hotel…