English v. State

The appellant, Alexander English, was convicted of the crime of rape upon an alleged free and voluntary confession of his guilt and other corroborating circumstances. The alleged victim, who was under twelve years of age, did not testify.

When the sheriff was offered as a witness to the confession and was being questioned as to whether the same had been given freely and voluntarily, the attorney for the defendant stated: “We object at this time and ask that the jury be retired and to examine this witness and put on proof with reference to this confession in the absence of the jury. ’ ’…