State v. Barker

Lively, Judge:

Appellant, John Barker, was convicted of rape upon Mary Gallaher, a girl eleven years of age, large for her age, and *585on April 5, 1922, sentenced to the penitentiary for five years. The ¡jury recommended mercy in its verdict. This writ is to review that judgment.

Defendant was married, 39 years old and was working for E. B,. Gallaher, the girl’s father, and had completed 12 days of labor which' he had contracted to exchange for a double barrelled shot gun owned by his employer. The alleged crime took place between 5 and 6 o’clock, October 8, 1921. The girl, her two brothers, Paul…