Underwood

O’Neal Underwood and his 17-year-old cousin, Marshall Wisdom, were jointly charged with rape, robbery, and kidnaping. After the preliminary hearing the charges against Wisdom were suspended, and he testified as a prosecution witness at the trial of Underwood. 1 A jury found defendant guilty of the crimes with which he was charged, and he has appealed from the judgment of conviction, contending that the court erred in admitting evidence of extrajudicial statements made by himself and by Wisdom which were, assertedly, the product of police coercion.

Mrs. Mamie Dozier, the prosecuting witness, gave the following version of what had occurred: About 11 p.m. on September 30, 1961, she left her home to drive to a store. She was wearing a formfitting sheath dress with "slits in the back *117 running up and down,” which she intended to wear to a dance at a men’s “social club” later that night, and she did not have on any underclothes. She stopped on her way to the store at a public telephone booth to call a friend. As she returned to her car, defendant, whom she had never seen before, got out of another car and approached her. He asked her if she could tell him the location of Sanford…