Garrison v. State

HAWKINS, Judge.

Conviction is for rape with the punishment assessed at twenty years in the penitentiary.

The disposition we find necessary to make of the ease does not call for a statement of the evidence.

The indictment contained two counts, the first charging rape of Viola Guthrie -by force, and without her consent; the second charging rape of said female, she being under the age of eighteen years.

Appellant requested that the State be required to elect upon which count it would rely for a conviction. This request was refused. We think the court not in error in this regard. The facts were such…