Williams v. State

KRUEGER, Judge.

The appellant was tried and convicted of the olfense of rape, and his punishment assessed at confinement in the state penitentiary for a term of 10 years.

The indictment charges appellant with the “rape of Ethel Foster, she being then and there so mentally diseased at the time of said carnal knowledge as to have no will to oppose said act, and the said Fred Williams then and there knowing her to be so mentally diseased.” To meet this allegation, the state was required to prove, first, the act of intercourse by the appellant, and, second, that Ethel Foster was mentally unsound at…