Martinez v. State

MORROW, Presiding Judge.

The offense is rape; penalty assessed at confinement in the penitentiary for a period of ten years.

The prosecution is under that phase of article 1183, P. C., 1925, defining rape as carnal knowledge of a female under eighteen years of age, with or without consent and with or without the use of force, threats, or fraud; provided that if the female is fifteen years of age or over, or if consent is shown, *573proof that the female was not of previous chaste character may be a defense.

The prosecutrix testified that on the night of September 4, 1931, she had sexual intercourse…