Keith v. State

LATTIMORE, Judge.

Conviction for rape; punishment, five years in the penitentiary;

According to the undisputed testimony Bessie Haley, prosecutrix herein, was fourteen years of age in November, 1929. Also without contradiction this appellant had intercourse with her during said month, as a result of which she became a mother, a baby being born in August, 1930. The fact that she became fifteen years of age on April 13, 1930, was affirmed by her mother and herself and questioned by no one.

If we understand this record, the only affirmative defensive theory is that the girl was of previous unchaste…