Houston v. State

Grice, Justice.

Charlie Houston was convicted of rape, and was sentenced to serve two to five years in the penitentiary. The error assigned is on the refusal of a new trial. The motion therefor, besides the grounds that the verdict is contrary to the evidence and to the law, is based on the insistence that the judge erred in failing to instruct the jury that if they found the defendant guilty of the offense of rape, they might recommend that he be punished as for a misdemeanor, in which event the same should be made the judgment and sentence of the court. This ground is predicated upon the…