OPINION
FONES, Chief Justice.
The primary issue in this case is the authority of a trial judge to pass upon the constitutionality of a Legislative Act, where its validity or invalidity affects the charge to be given the jury in the trial of a criminal case.
Respondent was convicted of rape and sentenced to imprisonment in the penitentiary for twenty (20) years. His codefendant was also found guilty of rape and sentence to ten (10) years. Both appealed...
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