Smith v. State

HARPER, Judge.

Appellant was convicted in the District Court of Collin County under an indictment charging him with the rape of Birdie May Walker, a girl under the age of fifteen years who was not his wife, said rape being alleged to have been by her consent.

Appellant presents his complaints in four bills of exceptions, Nos. 2 to 5, inclusive, hill No. 1 being omitted from the record, and in other assignments in his amended motion for a new trial.

Bill No. 3 insists that when Mrs. H. C. Walker, stepmother of the alleged injured female, was testifying in behalf of the State, she was permitted…