Womack v. State

KRUEGER, Judge.

Appellant was tried and convicted of the offense of rape and his punishment was assessed at confinement in the State penitentiary for a term of five years.

Appellant presents two questions which require our serious consideration, the first of which relates to the sufficiency of the evidence to show that the offense was committed at such time as that the prosecution would not be barred by the statute of limitation. Article 178, C. C. P., provides as follows: “An indictment for rape may be presented within one year, and not afterward.”

We have carefully searched the record in vain…