State v. Thomas

The defendant was charged in two counts with the crimes of rape and oral sodomy. The jury returned a verdict of guilty on both counts, and the defendant was sentenced to serve a maximum term of twenty years on the first count and ten years on the second, the sentences to run concurrently.

The appeal is brought on two assignments of error, both pertaining to the conviction of rape. The first error assigned is that the court erred in denying the defendant’s motion to dismiss at the close of the plaintiff’s case, and the second, that it erred in f ailing to grant a mistrial because of the…