Naugle v. State

CHRISTIAN, Judge.

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

It was alleged in the indictment that prosecutrix, Mary Marshall, was under the age of 18 years. She testified that she was 13 years of age. It was uncontroverted that appellant drove to the home of prosecutrix during her mother’s absence, and advised prosecutrix that a lawyer (naming him) in Hillsboro wanted to see her. Accompanying appellant was Leonard Throckmorton, who drove with the parties to the scene of the offense. Touching her ride with appellant in his automobile and his…