West Virginia Supreme Court June 30, 1981, 14334 (State v. Payne)

McHugh, Justice:

The appellant, Robert Payne, was convicted in the Circuit Court of Mercer County of the crime of statutory rape. The case is before this Court on an appeal from a final order of the Circuit Court of Mercer County, entered on September 2, 1976, sentencing the defendant to imprisonment in the West Virginia Penitentiary and denying the defendant’s motion to set aside the verdict and