Jones v. State

BELCHER, Commissioner.

The conviction is for statutory rape; the punishment, fifteen years.

The state relies for a conviction upon the testimony of the prosecutrix, age thirteen, and her mother and also upon the medical records of the hospital where the prosecu-trix was examined.

To constitute the offense of rape it was essential that the proof show penetration, beyond a reasonable doubt. Art. 1187, Vernon’s Ann.P.C.; 4 Branch’s 2d 300, Sec. 1977.

In support of this essential element of the offense, the testimony of the prosecutrix was as follows:

“A * * * he got in the bed and then forced…