Higgins v. State

MORROW, Judge.

The conviction is for rape, with punishment fixed at confinement in the penitentiary for fifteen years.

The subject of the rape was the daughter of appellant, under eighteen years of age. At the time of the trial, she and her younger sister were married women. The prosecutrix testified to the act of intercourse, claiming that it took place on the 2nd day of July, while she and her sister were in bed together. She claimed to have been unwilling, and to have made some resistance. The conviction, however, is upon the theory of her consent. The sufficiency of the evidence is…