Armstrong v. State

Krueger, Judge.

Conviction is for rape. The punishment assessed is confinement in the state penitentiary for a term of five years.

Appellant’s main contention is that the evidence is insufficient to justify and sustain his conviction for rape, claimed to have been accomplished by the use of force.

Prosecutrix testified that she was twenty-five years of age and lived with her parents at the time of the alleged occurrence. That on the 3d of May, 1938, she and her mother were canning greens. That about 11 a. m. she went to Cow House Creek to get some water in which to wash the greens. When she got…