Foote v. State

HARPER, Judge.

Appellant was indicted, tried and convicted of the offense of incest, and his punishment assessed at two years confinement in the State penitentiary.

Appellant was charged with having had carnal knowledge of his niece, Viola McCullough. Appellant’s principal contention in this case is that he is not related to Viola McCullough, nee Granger, for the reason that while it is true that the girl was born after the marriage of Fayette Granger and Bam Granger, yet it is contended that Fayette Granger is not the father of Viola, but that another person had illicit intercourse with the…