Smith v. State

Appellant was convicted of rape and awarded seven years confinement in the penitentiary.

This is the second appeal, the first being found reported in80 Tex. Crim. 82, 188 S.W. Rep., 983.

There are two counts specified in the indictment, one alleging rape committed by force, and the second count charges rape upon a girl under fifteen years of age. Appellant made application to require the State to elect upon which count it would proceed with the trial. This was refused by the court, and under the authorities we think the action of the court was correct. See vol. 1, Branch's Ann. P.C., sec. 444.…