Andrews v. State

WOODLEY, Judge.

The conviction is for rape; the punishment, five years.

The sufficiency of the evidence to sustain the conviction is challenged. Appellant cites, in support of his contention, Kil*82lingsworth v. State, 154 Tex. Cr. R. 223, 226 S.W. 2d 456, and contends that the prosecutrix failed to make outcry to the officers at the first opportunity, and that the evidence reveals that she did not make sufficient resistance to appellant’s advances.

We summarize the testimony in order to determine whether the jury verdict finds support in the evidence.

The prosecutrix, 19 years of age, lived with…