State v. Higginbotham

— The defendant was convicted of rape in the Circuit Court of Polk County and his punishment assessed by the jury at imprisonment in the State penitentiary for fifteen years. He appeals complaining of the admission of incompetent and prejudicial evidence; of the refusal of certain instructions; of improper cross-examination of his wife by the assistant circuit attorney; and that the verdict was against the evidence and the result of passion and prejudice. The defense was an alibi.

The prosecuting witness, Althea Eidson, a widow thirty-seven years old, lived in the country in Polk County with…