Cooner v. State

MARTIN, Judge.

Offense, rape; penalty, twenty-five years in the penitentiary.

The incriminating facts shown in the record are very unusual. Appellant’s family and that of prosecutrix were neighbors. On the date of the alleged rape prosecutrix, a girl about eleven and a half years old, went in the car with appellant and his wife to a neighbor’s house on a visit. After returning to appellant’s home, the three started to prosecutrix’s home in a car. She testified that on the road appellant pulled her from the front to the back seat and attempted to have intercourse with her. Failing in this he…