State v. Fairfax

Defendant was charged in one information with five separate crimes, three, counts of rape, one of sodomy, and one of assault in the second degree. He was convicted, by a jury, of the crime of rape on two counts, and of the crime of sodomy, and he has appealed from the judgment and sentence entered upon the verdict. His assign ments of error are such that we need not relate the evidence in detail.

Two of his contentions arise from the testimony of one witness called by the state in rebuttal. The first is that this witness was in the courtroom during the trial, despite the order of the court…