Page:Alford v. State.pdf/1

Rh 4760


 * 1) RAPE—ACTS OF ACCUSED—EVIDENCE.—Where the prosecutrix testified that after the defendant had revealed his purpose she gave him her watch in the hope of dissuading him, but that he dragged her from the building and raped her which testimony was substantiated by the finding of the watch in defendant's home, by residents in the vicinity who heard the prosecutrix's screams and a physician's findings later in the night that prosecutrix had bruises on many parts of the body and semen within the vaginal tract, the evidence was sufficient to support the verdict of rape.
 * 2) CRIMINAL LAW—RAPE—INSTRUCTIONS.—Since the option to impose either the death sentence or life imprisonment for rape lies entirely with the jury, the trial court is under the affirmative duty of bringing the matter to the jury's attention, even though that action is not requested by the accused.
 * 3) CRIMINAL LAW—OTHER OFFENSES.—Proof of other crimes is never admitted when its only relevancy is to show that the prisoner is a man of bad character, addicted to crime.