Gooch v. State

BELCHER, Judge.

The offense is rape; the punishment, eight years.

The indictment alleged that appellant made an assault upon *438the prosecutrix who was under 18 years of age, and did ravish and have carnal knowledge of her, she not being his wife.

The testimony of the prosecutrix, age fifteen at the time of the trial, shows an act of intercourse on or about March 21, 1958, by the appellant, who was her step-father, without her consent and by force. However, the record fails to show whether she was 15 years of age or over on March 21, 1958.

Appellant did not testify but called his wife, the mother of…