Hill v. State

I can not concur in the affirmance of this case, and will state my reasons.

In the first place the evidence is very weak, if in fact sufficient to sustain a conviction. Appellant was indicted, charged with the offense of rape on his daughter, Viola, when thirteen years of age. Viola swears most positively that her father had never had sexual knowledge of her. She was called as a witness by the State, and in answer to an inquiry stated: "He (my father) did not have intercourse with me." What she testified before the grand jury is not in the record before us, and if it were (whatever that…