Roper v. State

LATTIMORE, Judge.

Conviction for rape; punishment, ten years in the penitentiary.

The indictment contained two counts, one charging rape upon a female under the age of consent, and the other charging rape by force. The conviction was for rape upon a girl under the age of consent. The testimony without contradiction showed prosecutrix to be under fifteen years of age at the time of the alleged rape. She was born June 29, 1914. This alleged rape was in 1928. She testified positively to the fact of appellant’s penetration of her person. She reported the occurrence to her people as soon as she…