Price v. State

PRICE, Judge.

This appeal is from a conviction for the offense of rape, with punishment fixed at imprisonment for 20 years.

It was agreed by counsel for appellant and the solicitor that Mrs. Laid Kirkland, the person alleged to have been ravished, was mentally incapable of testifying at the trial and she was not called as a witness.

For the state, Mrs. Irene Martin testified that on October 20, 1958, she lived in an apartment in the house occupied by Mr. and Mrs. Kirkland. At that time Mrs. Kirkland was unable to walk well and was not able to speak loud enough to be easily understood. Between…