Briscoe v. State

HAWKINS, Judge.

Conviction is for rape, the punishment assessed being death.

Appellant did not testify and the only evidence offered in his behalf was that touching an alibi. The case made by the state may be concretely stated as follows: On the night of the alleged offense the witness John H. Fox and Mrs. Moore, the prosecutrix, had been driving in an automobile. At the immediate time of the appearance of appellant they were sitting in front of the car on a blanket. It was a bright moonlight night. Two negroes approached them, each of them wearing masks and each of them being armed with a…