Mizell v. State

DAVIDSON, Presiding Judge.

This conviction was for incest. The history of the case and the questions involved for decision may he ^ briefly stated as follows: An indictment was preferred against appellant containing two counts, one for rape and the other for incest. There was a trial before a jury on both counts, the jury convicting under the count ¡ charging rape. From this conviction an appeal was prosecuted, and this court reversed the judgment, the case being reported in 197 S. W. Rep., 300. In that trial both counts were submitted to the jury by the charge of the court, and the jury…