Hastings v. State

CHRISTIAN, Judge.

The offense is rape; the punishment, confinement in the penitentiary for five years.

It was charged in the indictment that prosecutrix, Leola Smith, was under the age of 15 years, and that appellant “did then and there have carnal knowledge of the said Leola Smith, the said Leola Smith then and there not being the wife of said Paul Hastings.” Prosecutrix and Billie Burke, a woman, lived together in the Tri-State Camp in Amarillo, where appellant also had a cabin. Prosecutrix was 12 years of age, and Billie Burke was some ten years older. According to the testimony of…