Covington was convicted of rape and sentenced to life imprisonment. He appeals from the denial of his amended motiоn for new trial and we affirm.
1. Appellant’s argumеnts that he was denied his right .of confrontation аnd right to a thorough and sifting cross-examination are not supported by the trial transcript. Counsel for defense was allowed to question the prosecutrix at some length about her willingness to accompany Covington in his truck, and the trial judge’s prohibition from further “developing any fascination that the victim may have had for pickup trucks and the people that drive them” was within the discretion of the judge. Sеe
Sullivan v. State,
2. The life sentence is not subject to the objections raised. “A sentence is not unconstitutionally cruel and unusual if it is within the statutory limit. [Cit.] This court is without authority to review sentences within the stаtutory range.”
Bolden v. State,
3. A hearing was held subsequent to appellant’s trial and conviction to consider newly discovered evidencе that Covington, who had a history of mental prоblems, was not given his prescribed medicine during thе course of the trial. It was contended that the failure to provide him with the tranquilizer Triavil rеndered him incompetent to assist in the defеnse of his case. The transcript of this hearing, however, discloses that aspirin was substituted for the tranquilizer with the permission and approval of a physician and apparently with the knowledge of his parents. Prior to trial, appellant had been examined and found to be criminally responsible and competent to stand trial and at no time thereafter was a
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r^evaluation sought because of his behavior. Nor has it been shown that this newly discovered evidence was so materiаl that it would probably produce a different verdict or that it could not have been discovered during trial by the exercise of reasonable diligence. We find no abuse of discretion in the overruling of the motion for new triаl on this ground. Accord,
Rawlins v. State,
Judgment affirmed.