State v. Werner

This is an indictment charging the defendant with committing rape. The jury returned a verdict of guilty. The case is before us on the defendant’s exceptions to the denial of his motion to dismiss, to certain incidents and evidentiary rulings during the trial, and to portions of the charge.

The evidence as to the occurrence of the alleged offense is in direct conflict. The state’s case depended almost entirely on the testimony of the complainant Lois M. Werner. She testified in substance that the alleged rape occurred in her home about 8:55 a.m. on March 28, 1955. On the other hand defendant…