Gray v. State

KRUEGER, Judge.

The offense is statutory rape. The punishment assessed is confinement in the state penitentiary for a term of 11 years.

Appellant’s first contention is that the evidence is insufficient to justify and sustain his conviction. The questions of force, threats and want of consent do not enter into the case as an element of the offense, inasmuch as the indictment charged rape of a girl under eighteen years of age. Hence the only question is whether the proof shows that appellant had an act of sexual intercourse with her — i. e. if penetration was sufficiently established. The State…