Hughes v. State

CLARK, Retired Circuit Judge.

A jury found defendant-appellant guilty of rape. The court fixed his punishment at imprisonment for life and sentenced him accordingly.

No contention is made on appeal as to the sufficiency of the evidence to support the verdict. Nevertheless, a short summary of the evidence should be conducive to a better understanding of the only issue raised on appeal.

According to the undisputed evidence, the alleged victim, a mentally retarded black female about twenty-one years of age, was raped by one or both of two white males early on the morning of June 23, 1979, who had…