State v. Paternostro

PONDER, Justice.

The defendant was charged with attempted aggravated rape and on trial was convicted of attempted simple rape. He was sentenced to serve 18 months in the penitentiary and has appealed from the conviction and sentence, relying on three bills of exception.

One of the bills is levelled at the ruling of the trial judge permitting the State to examine a physician regarding the probability that prosecutrix might have been drugged prior to the offense. It is contended that counsel for the State did not mention the fact that the prosecutrix had been drugged in his opening statement and…