Climer v. State

Townsend. J.

The plaintiff in error was indicted, tried, and convicted of rape. The jury fixed his punishment at one year in the penitentiary. His bill of exceptions assigns error on the overruling of his motion for a new trial.

Art. VI, sec. II, par. IV of the Constitution of this State (Code § 2-3704) vests appellate jurisdiction in the Supreme Court of all cases of conviction of a capital felony.

Punishment for rape is prescribed by Code § 26-1302 as follows: “Punishment; recommendation by jury to mercy. — The crime of rape shall be punished with death, unless the defendant is recommended to…