McCarty v. State

CHRISTIAN, Judge.

— The offense is rape; the punishment, death.

Mrs. Irma Crain, a white woman, had taken her young daughter to a school play and was on her way back home alone when appellant, who is a negro, met her, knocked her down, choked her and ravished her. On the trial she positively identified appellant as her assailant. When he was arrested several days later appellant made a written statement in which he admitted his guilt. The foregoing facts, in substance, constitute the testimony adduced by the State.

Testifying in his own behalf, appellant repudiated his confession and declared…