Blackwell v. State

DAVIDSON, Presiding Judge.

This conviction was for rape upon a girl under 15 years of age. The indictment contains five counts alleging different dates. The court charged the jury substantially that if they should find upon a certain date or within twelve months thereof that appellant committed rape upon the girl, they should convict him, and it is claimed the court elected to submit upon the last count. We do not believe the record sustains this contention. If there was a motion made by appellant to require the State to elect upon which count to proceed or to ask conviction, it was not…