Calhoun v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction of statutory rape. Trial was before the court, and the State waived the death penalty on a plea of not guilty. The sentence assessed 15 years confinement.

The appellant’s one ground of error is the sufficiency of the evidence.

The prosecutrix testified that she was 12 years of age. On the night in question she awoke when someone started feeling her panties. A man then crawled to a trunk by the wall and stood up. She identified the man as appellant. She further testified she kicked her sister, Tony, and waked her. Appellant then said, “I…