Wragg v. State

HARPER, Judge.

Appellant was convicted of the offense of rape, and his punishment assessed at five years confinement in the State penitentiary, from which judgment he prosecutes this appeal.

1. Appellant filed a motion for a continuance on account of the absence of a witness by whom he states he expects to prove that he, the said witness, had had sexual intercourse on several occasions with the prosecuting witness with her consent. This would be no defense, for if it would be true that the witness would so testify, it would not authorize appellant to commit the offense of rape on her, if he did…