Cabana v. State

MARTIN, Judge.

— Offense, statutory rape; penalty, ten years.

The interested parties are Mexicans. Prosecutrix was shown to be a Mexican girl from thirteen to fifteen years old. She testified to several acts of intercourse with appellant and to the birth of two children resulting therefrom. Appellant denied these alleged acts and plead impotency as a defense, claiming that a physical injury years before had made it impossible for him to complete an act of copulation.

The Court throughout his charge referred to prosecutrix as a “female,” to which appellant lodged objections to the effect that the…