Newton v. State

CARR, Judge.

The appellant was tried and convicted under an indictment charging incest. Title 14, Section 325, Code 1940.

All necessary elements of proof appear without controversy in the evidence, with the exception of the alleged act of sexual intercourse.

The prosecutrix at the time of the charged offense was sixteen years of age. The accused is her father. The former testified that her father had sexual relations with her on three different occasions during the day in question. The appellant denied the accusation as to each claimed occurrence.

It is insisted that the general affirmative…