Botello v. State

KRUEGER, Judge.

The offense is rape. The punishment assessed is confinement in the State penitentiary for a period of forty years.

There are no bills of exception in the record or any objections to the court’s charge. Consequently the only question to be considered by this court is the sufficiency of the evidence to sustain the conviction.

Appellant vigorously asserts that the evidence is insufficient in the following respects: (a) Because the injured female denied any act of sexual intercourse with appellant; (b) because the injured female was over fifteen years of age at the time of the…