
    State v. Frank Wilkins.
    
      (December 12, 1930.)
    Pennewill, C. J., Harrington and Richards, J. J., sitting.
    
      Reuben Sattertwaite, Attorney-General, Charles F. Richards and David J. Reinhardt, Jr., Deputy Attorneys-General, for the State.
    
      William Prickett for the defendant.
    Court of Oyer and Terminer for New Castle County.
    No. 51,
    May Term, 1930.
   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.  