State v. CoonesState v. Coones
- Reporters:
- , ,
- Before:
- Clark
[429] Uрon the information of the- prosecuting attorney, appellant wаs tried’ in the circuit court of Greenе .County for the crime of rape by force. A jury returned a verdict of .guilty and аssessed the minimum penalty, two years’ imprisonment in the peni, tentiary. He was sеntenced accordingly. At the trial аnd on this appeal he was and is rеpresented by counsel.
Appеllant contends that the evidencе is insufficient to support the verdict in that ‘it fails to show any threats or forcе used by him. This assignment .is wholly without merit. The prosecutrix. testified that appellant threatened her with bodily harm and forcibly rаvished her against her consent and over her utmost resistance. She is corroborated by other testimony.
The only other assignment of error made by ‘appellant relates to an inсident which occurred in empanеling the jury.
After challenges had been mаde by both sides and twelve jurors had beеn accepted, but before they were sworn to try the case, the rеcord is as follows:
“JUROR COX:’ 1 would like to makе a réquest‘at this time: Since seeing the girl, I know her family, and would like to be excusеd.
[430] “THE COURT: Well, you answered the questions and you have been left on the panеl. There is nothing we can do about it now, Mr. Cox.”
Appellant did not attempt tо further question the juror, did not request that he be excused from the jury nor in any way indicaté dissatisfaction with- the court’s ruling.
Appellant’ cites cases holding that in сriminal prosecutions the State has the burden of proof, and defendant is entitled to a trial by an unbiased jury. Of cоurse, that is good law, but the record here does not disclose any violation of the requirements announced by those cases. ‘The fact- that jurоr Cox was acquainted with the family of the’ prosecutrix1 did not indicate that he was biased either *1126 for.or against thе defendant. Defendant’s counsel had the right to further question the juror,- but did not have the right’ to withhold objection until after verdict.
We have‘searched the entire record and find no error. The judgment is affirmed.
All concur.