State v. Pence

WELBORN, Commissioner.

Evan Maurice Pence appeals from a judgment and sentence of 15 years’ imprisonment on a conviction for statutory rape.

No question is raised on this appeal about the sufficiency of the evidence. Briefly, the state’s evidence showed that the appellant, on December 23, 1965, engaged in sexual intercourse with his daughter, then 10 years of age. A physician’s examination corroborated, in part, the daughter’s account of the incident which occurred at around 9:00 P.M. at the Pence family residence.

The appellant testified that he was intoxicated at the time. He stated that he…