Terrill v. State

CHRISTIAN, Judge. —

The offense is rape; the punishment, death.

The proof on the part of the State supported the conclusion of the jury that, on the 7th of January, 1937, appellant, who is a negro, raped Mrs. Ben Wolfe, a white woman. On the night of the rape Mrs. Wolfe’s husband was away from home. According to her testimony, she and her small children had just gone to bed when a negro man entered her room and raped her. She screamed and fought him, but to no avail. She said: “I was afraid of my life and my babies’ lives. I thought of them first.” At the time of the assault she was…