Lyons v. State

LATTIMORE, Judge.

Appellant was convicted in the District Court of Galveston County of rape, and his punishment fixed at confinement in the penitentiary for life.

Appellant is a negro, prosecutrix a white girl. The indictment contained but one count which was for statutory rape, it being alleged that prosecutrix was under eighteen years of age and not the wife of appellant. There was no allegation of rape by force, threats or fraud. It not being alleged that the rape was by force, it was error for the learned trial judge to submit to the jury in his charge that appellant might be adjudged…