Earwood v. State

WOODLEY, Justice.

The conviction is for rape; the punishment, 25 years in the penitentiary.

The indictment alleged the rape of the prosecutrix, a female under 18 years of age, on or about March 9, 1953.

The evidence shows that the prosecutrix was the adopted daughter of appellant and his wife. She was 12 years old at the time of her adoption, which was early in 1952, and was 15 at the time of the trial in May, 1954.

At the same time the prosecutrix was adopted, appellant and his wife also adopted her four year old sister.

The prosecutrix testified that appellant, soon after her adoption, had…