Smith v. State

LATTIMORE, Judge.

—Appellant was convicted in the District Court of Potter County, of the offense of rape, and his punishment fixed at five years in the penitentiary.

Appellant was charged with the rape of one Mary Graham, alleged to be a female under the age of fifteen years.

The record discloses that Mary Graham lived with her mother, older sister, and two younger sisters, in a two-room house in Amarillo, at the time of the alleged commission of this offense, and that she was about twelve or thirteen years of age. Upon the trial the prosecutrix testified very positively to the disgusting and…