Dyer v. State

The appellant was convicted in the district court of Franklin county for the offense of rape, and his punishment assessed at confinement in the penitentiary for' a term of 30 years.

The indictment charges the appellant did ravish and have carnal knowledge of one Ouida Elliott, a female then and there under the age of 18 years and not being the wife of the said appellant. Appellant by the first complaint in his brief makes the proposition that as the indictment charges the appellant with the offense of rape by force and the evidence introduced by the state shows that the carnal knowledge 'of…