Thomas v. State

BAKER, Judge.

Appellant was convicted in the District Court of Lee County of the offense of rape upon one Minnie Carlow, and his punishment assessed at 99 years in the penitentiary.

This is the second appeal of this case to this court. The first appeal will be found in 266 S. W. 147.

It was the contention of the State that the prosecutrix’s mind was so diseased at the time of the alleged offense as to have no will power to oppose the act of sexual intercourse, and the appellant was apprised of that fact at the time of said offense. While the appellant did not testify in his own behalf, it was…