Walton v. State

PRENDERGAST, Presiding Judge.

Appellant was convicted of rape on a girl under fifteen years of age and his punishment assessed at five years in the penitentiary,—the lowest prescribed by law.

We see no necessity for reciting the evidence. It was amply sufficient, both by positive and direct testimony, as well as other facts and circumstances, to authorize the jury to convict him.

Appellant sought a continuance on account of the absence of Robert Smith and J. R. Hill, which the court refused. In his bill he alleged that it would be his theory of the case that the indictment and prosecution for…