Shurley v. State

Hawkins, Justice.

Barney W. Shurley, Sr., was tried for the offense of rape and sentenced from 5 to 7 years. The question of consent is not involved, for the reason that the alleged victim was under the age of 14 years. The defendant’s motion for a new trial on the general grounds and one special ground, complaining of the charge, was denied and he excepted. Held:

1. “A pauper affidavit filed for the purpose of relieving the plaintiff in error and his counsel from the payment of the costs accruing in this court must be entitled in the cause referred to in the bill of exceptions, or otherwise…