Armistead v. State

MORROW, Presiding Judge.

The offense is rape; penalty assessed at confinement in the penitentiary for life.

The prosecutrix, Deveme Armistead, is the daughter of the appellant. At the time of the commission of the alleged offense she was a little more than nine years of age and was living with her father and mother. She was attending school and was in the second grade. Testifying for the State on direct examination, she charged the appellant with having had sexual relations with her while they were alone on an oil lease near the town of Wink. However, upon cross-examination by the appellant she…