State v. Henry

Appellant was charged with two others of having committed the crime of rape. On the first trial, one of the defendants was discharged and the jury disagreed as to the remaining two. On the second trial, appellant was found guilty and his co-defendant found not guilty. From a judgment and sentence on the verdict of guilty, this appeal is prosecuted.

Two errors are presented: (1) that the court erred in unduly restricting the appellant’s cross-examination of a witness for the state; and (2) that the verdicts upon the last trial are so inconsistent that it was error not to set aside the verdict…