Kilpatrick v. State

*355ELWOOD L. HOGAN, Circuit Judge.

The defendant in this cause was found guilty of rape and the Jury returned a verdict fixing his punishment at 20 years imprisonment in the state penitentiary. From the judgment and senfence pronounced by the Court, the defendant appealed.

I

It appears from the transcript of the record that on August 11, 1968, the prosecutrix, an elderly female invalid who had been a recent patient at the Bryce -Hospital in Tuscaloosa for a number of years, was being cared for at the home of the defendant (her nephew) in Morgan County, Alabama. From the evidence in the record, it…