Fite v. State

BELCHER, Judge.

The conviction is for rape; the punishment, death.

This is a companion case to that of Pierce v. State, No. 28,154, this day decided. (Page 372, this volume.)

A summary of the facts as to the ravishing of the 17-year old prosecutrix and the robbery of her companion by Pierce and appellant is set out in our opinion in the Pierce case and need not here be repeated.

Appellant made and signed a written statement which was introduced in evidence without objection. The statement reveals that the appellant owned the pistol used in the attack; that Timothy Pierce had sexual intercourse…