Lynch v. State

DAVIDSON, Judge.

Rape is the offense; the punishment, five years in the penitentiary.

Prosecutrix, a thirteen-year-old girl, testified that appellant by force and without her consent raped her. She said the act of intercourse was complete.

The day following the assault, prosecutrix made an outcry, as a result of which a physician made a physical examination of her privates. The examination failed to evidence a complete penetration of the female’s privates but it did reveal a penetration of the vulva or labia.

Such facts are deemed sufficient to establish penetration, as required in a prosecution…