Davis v. State

HAWKINS, Judge. —

Defendant was charged by indictment with having committed the offense of rape upon one Onay Parker in having carnal knowledge of her by force and without her consent.

He was convicted and his punishment assessed at confinement in the penitentiary for twelve years.

After the trial was concluded appellant attacked the indictment, averring that it purported to be found by a grand jury organized at the November term, 1922, but that by indorsement upon the back thereof the indictment shows not to have been returned and filed until November 24, 1923, long. after the grand jury which…