De La Rosa v. State

WOODLEY, Judge.

The offense is rape by force; the punishment, forty-five years.

The evidence shows that appellant and three other young men forced the fifteen-year-old prosecutrix, whom they had never seen before, into a car, drove to an isolated spot and each in turn ravished and had carnal knowledge of her despite her resistance, three holding the girl while the fourth accomplished an act of intercourse with her against her will.

Reversal is sought upon two propositions, both relating to the overruling of appellant’s motion for new trial.

The first proposition is that the jury considered…