Bonaparte v. State

Duckworth, Chief Justice.

The accused was indicted, tried and convicted of rape without a recommendation for mercy. The appeal is from the judgment and sentence enumerating as error: (1) the failure of the court to grant a motion for new trial based on the general grounds and the lack of corroboration of the testimony of the female; and (2) the failure to charge on impeachment by (a) contradictory statements made by the prosecutrix and (b) by other testimony adduced from witnesses on the witness stand. Held:

1. In the absence of a timely written request it is not error to fail to charge the law…