STEWART v. STATE

6 Div. 418.

104 So.2d 684 (1958)

James Paul STEWART v. STATE.

Court of Appeals of Alabama.

Rehearing Denied March 25, 1958.


Attorney(s) appearing for the Case

Ben F. Ray, Birmingham, for appellant.

John Patterson, Atty. Gen., and Paul T. Gish, Jr., Asst. Atty. Gen., for the State.


CATES, Judge.

Stewart stands convicted of raping his first cousin, then a girl of sixteen: sentenced to ten years' imprisonment, he appeals.

The prosecutrix had come to live with the Stewarts to look after their nine months old baby while Mrs. Stewart worked. The morning of December 22, 1955, Stewart walked with his wife to her bus stop. After she caught the bus for work, he went to a grocery store and returned home with some bread and milk. The remainder...

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