delivered the opinion of the court.
- Appellant, a negro hoy sixteen years of age, was indicted and convicted for the rape of a colored girl about six or seven years of age. The record clearly shows that the child was outraged, and the only question in the rec.ord is the identity of the perpetrator of this atrocious crime.
We can find no errors of law in the record of which appellant can complain, and it remains, therefore, only
There was much testimony, however, tending to cast suspicion upon her father as the perpetrator of this crime, and it seems to us, at least, that the evidence against him was stronger than the evidence against the defendant. In Monroe v. State,
This language of the court in the Monroe case accurately expresses our view of the testimony of the case at bar. It is only in cases where the testimony, taken as a. whole, manifestly raises a reasonable doubt of the guilt of the defendant, that the court is authorized to substitute its views for those of the jury. In this case we feel that the evidence does not warrant a belief of the guilt of appellant; but, on the contrary, there is much to suggest that quite another party is the guilty one. The state’s case rests solely and alone upon the uncorroborated testimony of the injured child, and it is evident to our minds that she was simply repeating what she had been thoroughly coached to say about the case. We could not allow the verdict to stand in this case, without doing violence to what we believe to be simple justice.
The case is therefore reversed and remanded.
