Smith v. State

McMurray, Presiding Judge.

Defendant was indicted for the offenses of rape and burglary. However, upon trial by a jury defendant was acquitted upon the burglary charge, but he was convicted of the offense of rape. Defendant was sentenced to serve 14 years in the penitentiary and upon the denial of his motion for new trial, as amended, he appeals. Held:

At the trial, the victim testified that she left a nightclub in Vidalia, Georgia, in the early morning hours and began walking to her apartment a couple of blocks away; that the defendant rushed at her from behind some bushes; that he was…