Murphy v. State

CHRISTIAN, Judge.

The offense is rape; the punishment, death.

Appellant is a negro; prosecutrix, Mrs. Sally Cauthen, a white woman. Prosecutrix and her husband lived on a farm in the vicinity of Terrell, Texas. On the 9th day of August, 1939, she started to a neighbor’s house. After walking down the road about a quarter of a mile she met the appellant. Immediately after she passed him he grabbed her by the arm and threatened to kill her if she refused to go with him. He had an open knife. in ' his hand. She endeavored to free herself from the appellant and struck him on the arm in an effort to…