Yancy v. State

Brewell Yancy was indicted for the offense of rape committed on Zona Latrelle Shivers, who was a little over six and one half years of age at the.time of the alleged crime. The defendant was convicted, without a recommendation; and he was sentenced to death by electrocution. He moved for a new trial upon the general grounds, and by amendment added certain special grounds. The judge overruled his motion, and he excepted.

In the second ground of the amendment to his motion for new trial the defendant complains that the judge erred in giving to the jury the following instruction: “And touching…