Nichols v. State

MORROW, Presiding Judge.

The offense is rape; punishment fixed at confinement in the penitentiary for a period of ninety-nine years.

The subject of the rape is a child seven years of age. Prom her testimony the making of the assault by the appellant was established. There is much corroborative evidence coming from the doctor who examined the child and from the mother who examined her and some of her wearing apparel.

Appellant testified and denied the offense. He said that he had contracted a venereal disease which rendered him incapable of committing the offense.

Objection to the testimony of the…