Stewart v. State

BONE, Judge.

Appellant was tried under an indictment charging that he carnally knew one Janice Turner, a girl over twelve and under sixteen years of age. The jury returned a verdict of guilty and fixed his punishment at two years in the penitentiary. Appellant made a motion for a new trial, which was denied; hence this appeal.

Testimony adduced at the trial, on behalf of • the • State, tended to show that on a Tuesday night in May, 1954, the prosecutrix left her home accompanied by Billy Rushing and. Ray Rushing. The prosecutrix was fourteen years of age at the time. These three departed from…