Rawls v. State
| Decision Date | 30 June 1913 |
| Citation | 105 Miss. 406,62 So. 420 |
| Court | Mississippi Supreme Court |
| Parties | MANNIE RAWLS v. STATE |
March 1913
APPEAL from the circuit court of Hinds county, HON. W. A. HENRY Judge.
Mannie Rawls was convicted of rape and appeals.
The facts are fully stated in the opinion of the court.
Case reversed and remanded.
V. V Montgomery and S.E. Birdsong, Jr., for appellant.
Frank Johnston, assistant attorney- general, for the state.
Appellant, a negro boy sixteen years of age, was indicted and convicted for the rape of a colored girl about six or seven years of age. The record clearly shows that the child was outraged, and the only question in the record is the identity of the perpetrator of this atrocious crime.
We can find no errors of law in the record of which appellant can complain, and it remains, therefore, only to determine whether the evidence in the case warranted the jury in finding him guilty as charged. The little girl testified that appellant had had sexual intercourse with her three or four times, the first time in May. Some women, neighbors of the father of the child, discovered that she had been outraged. This discovery was made in the latter part of November or some time early in December. The child was taken to a physician, who examined her and found that her hymen was ruptured and that she was in a serious physical condition. The physician testified that in his opinion the wounds upon her person had been made a short time before he examined her--a few days, or a few weeks. The affidavit in the case was made by the father of the girl. The only witness connecting appellant with the crime was the little girl herself, and after a diligent search of the record we can find no circumstance supporting the testimony of the girl, except as to the fact that she had been outraged.
There was much testimony, however, tending to cast suspicion upon her father as the perpetrator of this crime, and it seems to us, at least, that the evidence against him was stronger than the evidence against the defendant. In Monroe v State, 71 Miss. 196, 13 So. 884, 885, Chief Justice CAMPBELL, speaking of a case strikingly like the one now before us, said: ...
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