Ballew v. State

Appellant was convicted of the offense, of rape, and his punishment fixed at imprisonment in the penitentiary for a term of 10 years. Code 1923, § 5407.

The transcript here on appeal does not disclose an order of the court for a special venire, but, no question appearing to have been raised in the lower court about same, it is unnecessary that thq transcript show such an order to have been made. Code 1923, § 3249; Cherry v. State, 214 Ala. 519, 108 So. 536.

The evidence in the case is of such a sordid nature that same will not be discussed.

There was no error in allowing the witness Willie…