Marberry v. State

BAKER, Judge.

The appellant was convicted of rape, and his punishment assessed at five years in the penitentiary.

Briefly stated, the prosecutrix, a negro woman about 38 years of age, testified that she was raped by force by the appellant and one P. L. Cochran near the depot in the town of Teague on the night of March 28, 1926. The prosecutrix, at the trial, identified the appellant and Cochran as being her assailants. The appellant defended upon the ground of an alibi, and introduced testimony to the effect that the prosecutrix stated at the examining trial, held immediately after the…