Pennewill, C. J.,
delivering the opinion of the court:
Rape is a felony (section 4706, Revised Code of 1915), but because of the proviso as to capital cases in section 4827 of the Code, and above referred to, the motion for a new trial is refused.
No cited authorities resolved to law.co cases yet.
Pennewill, C. J.,
delivering the opinion of the court:
Rape is a felony (section 4706, Revised Code of 1915), but because of the proviso as to capital cases in section 4827 of the Code, and above referred to, the motion for a new trial is refused.