State v. Kincaid

Woods, Judge:

Sherman Kincaid, a married man about forty' years old, was tried and convicted in the circuit court of Fayette County on the charge of statutory rape of one Gladys Lucas, alleged at the time to be under the age of sixteen years. The jury having recommended mercy, the defendant was sentenced to seven years in the penitentiary.

There is no question but that there is ample evidence to support the verdict and that the same should stand, providing the errors assigned have not prejudiced the defendant or infringed upon his constitutional guaranties. State v. Barker, 92 W. Va. 583. The…