Atkeison v. State

BERRY, Judge. —

Appellant was convicted in the district court of Knox County for the offense of assault to rape, and his punishment assessed at confinement in the penitentiary for a term of two years.

The prosecutrix testified that on or about the last of January, 1922, she and the appellant while in an automobile stopped by the side of the road and placed themselves on the back seat thereof and he with her consent indulged in such licentious familiarity with her.

The State was also permitted to prove over appellant’s objection that on the 27th of November, 1923, the prosecutrix gave birth to a…