Milo v. State

KRUEGER, Judge.

The offense is rape. The punishment assessed is confinement in the state penitentiary for a term of 5 years.

The state made a complete case against appellant by the testimony of the prosecutrix and the doctors who examined her soon after the commission of the offense.

Appellant took the witness stand and testified in his own behalf. He admitted that he had sexual intercourse with prosecutrix at the time and place charged, but claimed that it was with her consent. The issue of whether or not it was by force or with her consent was decided by the jury adversely to his contention.

App…