McCall v. State

OPINION

Convicted of burglary, robbery, second degree kidnapping, rape, and infamous crime against nature, appellant appeals his conviction and an order denying his motion for new trial.

At trial, garments worn by appellant and prosecutrix were admitted without objection into evidence for identification purposes. During deliberations, the jury asked whether they could consider a substance on certain garments as evidence of sexual intercourse, even though it had not been pointed out at trial. The court Informed counsel that it proposed to answer this question by instructing the jury: “The…