Arnett v. State

LATTIMORE, Judge.

This is an appeal from a conviction in the District Court of Lubbock County for rape, with punishment fixed at five years in the penitentiary.

The indictment contained two counts, one charging rape on a female under the age of consent, the other rape by force, threats and fraud. The court submitted both offenses and the jury returned a general verdict of guilty, giving to the accused the lowest penalty for said offense. This court has held in many cases that if there be two counts and both are submitted and a general verdict is returned the judgment will be upheld. English v.…