Wharton v. State

BEAUCHAMP, Judge.

The appeal is from a conviction for rape with a sentence of twenty years in the penitentiary.

Strong argument is made for reversal of this case on the ground of insufficiency of the evidence. Appellant testified in his own behalf and admitted some of the surrounding circumstances testified to by the prosecuting witness, including the fact of his visit to the home and the act of sexual intercourse. He contends, however, that it took place after her apparent consent and without any resistance on her part. He denied making any threats or using any force whatever.

The evidence of…