White v. State

MARTIN, Judge.

The first count of the indictment charges appellant with the rape of Jewel Spain, “she being then and there so mentally diseased at the time of said carnal knowledge as to have no will to oppose said act of carnal knowledge, and the said D. M. White then and there knowing her to be so mentally diseased.” The second count charges rape by force and threats, and the third count charges rape by force without her consent. The first two counts of the indictment were dismissed and the case was submitted on the third count.

The verdict of the jury found appellant guilty under the third…