Duncan v. State

LATTIMORE, Judge.

Appellant was convicted in the Criminal District Court of Tarrant County of rape, and his punishment fixed at eleven years in the penitentiary.

The conviction was for statutory rape of a girl thirteen years old who lived in Port Worth. On the night of December 8, 1922, she went with her sixteen year old brother to a party at the home of T. M. Mirike, seven or eight miles west of the city, and there met appellant and Curley Owens,' both of whom had gone out to the affair in a Hup roadster. When the party broke up prosecutrix went back to town with the two boys in their car. Her…