Duty v. State

CHRISTIAN, Judge.

The offense is rape; the punishment confinement in the penitentiary for twenty-five years.

It was undisputed that prosecutrix, Mary Ellen Tompkins, and appellant had an act of sexual intercourse in a room in appellant’s boarding house. Prosecutrix was under fifteen and appellant was twenty-one years of age. Prosecutrix was large for her age, weighing 103 pounds. According to the version of prosecutrix, she was passing the door of appellant’s room when he put his arms around her and pulled her inside. He locked the door, pushed prosecutrix down on the bed, told her he would…