Rainey v. State

This is an indictment against the appellant for rape committed on the body of Jennie Whelan, on the 10th day of March, 1876, at the county of Marion.

Upon plea of not guilty, the defendant was tried by a jury and found guilty. He moved for a new trial, which was. refused, and sentence was pronounced against him.

He has assigned as errors the overruling his motion to quash the indictment, and the refusal to grant him a new trial; but he argues and relies upon the latter only.

It is first urged that there is no positive evidence of the corpus delicti, and that this cannot be established by…