Weaver v. State

— This is an appeal by the appellant who was convicted of a charge of rape on Carol Harrison, a female child of the age of 5-l/2years. The questions on appeal resolve themselves into two main contentions; first, whether the venue was proved tq.be in Madison County; secondly, whether there was proof of penetration and the corpus delicti. .For that purpose we must examine the evidence most favorable to the State on this appeal.

The evidence shows that at. the time of the alleged crime the appellant was 35 years of age; that the Harrison child, age 5-1/2, was living with her divorced mother on…