Bailey v. State

Appellant, Luther Bailey, was convicted of the crime of rape and the death penalty was assessed,- 41-3401 - 41-3402 - 41-3403, Ark. Stats. 1947. From the judgment comes this appeal. For reversal appellant has assigned 31 alleged errors in his motion for a new trial. The first three assignments question the sufficiency of the evidence. The prosecuting witness (a widow, 49 years of age, mother of two daughters and supervisor with the Independent Linen Company) testified that in the early morning (about 12:30 a.m.) of June 14, 1956, she was awakened by the barking of her neighbor's dogs, heard noises in her house and got up to investigate. As she was going into the kitchen a man seized her, carried her into a bedroom where he forcibly and against her will, and holding a knife at her throat, had intercourse with her. There was actual penetration. Immediately following the first assault on her, he forced her to give him her purse, (later found in his car) containing about $190 - cut the telephone wire - and while in her living room forcibly and against her will had intercourse with her again. He dropped his identification cards in her bedroom. He then left.