Rix v. State

DAVIDSON, Presiding Judge.

—Appellant was convicted for rape on a girl under, fifteen years of age, his punishment being assessed at five years in the State penitentiary.

The amended motion for new trial sets out, first, that the verdict of the jury is contrary to the .evidence and that it was obtained in such a manner that it ought not to stand. The motion does not allege corruption or intentional misconduct on the part of the jury, but that the misconduct is more in the nature of a mistake. The serious question in the case is the age of the prosecutrix, and around this fact hang both…