Charles v. State

OPINION

BISSETT, Justice.

This is an appeal from a conviction for rape. The indictment contained two counts, the first charged appellant with rape of a child, and the second with rape. At the close of the testimony, the State elected to have the case submitted on the second count only. The jury found appellant guilty of rape, and of being a repeat felony offender, and assessed his punishment at 80 years in the penitentiary.

The evidence shows that the prosecutrix was going door to door selling subscriptions to the Houston Chronicle. Appellant invited the prosecutrix into his apartment and agreed…