HORTON v. STATE

No. 51301.

374 So.2d 764 (1979)

Rufus HORTON v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied September 26, 1979.


Attorney(s) appearing for the Case

John M. Mooney, Jr., Jackson, for appellant.

A.F. Summer, Atty. Gen. by Catherine Walker Underwood, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before PATTERSON, P.J., and SUGG and WALKER, JJ.


SUGG, Justice, for the Court:

Defendant was convicted for the rape of a female under the age of 12 years in violation of section 97-3-65(1) Mississippi Code Annotated (Supp. 1978) and sentenced to life imprisonment. The state did not request the death penalty.

Defendant argues that the evidence was insufficient to prove his guilt beyond a reasonable doubt. Between 8:00 o'clock and 9:00 o'clock p.m. the prosecutrix and two of her cousins were playing in the...

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