Alvarez v. State

WOODLEY, Judge.

Upon a plea of guilty to the offense of rape, the jury fixed appellant’s punishment at 65 years.

Appellant complains of the severity of the punishment, which he attributes to the fact that the evidence showed (1) that the prosecutrix was the 14 year old daughter of appellant; (2) that appellant was shown to have had a number of acts of intercourse with her prior to the act charged in the indictment which occurred on or about April 13, 1953; and (3) that the prosecutrix was some five and a half months advanced in pregnancy on April 16, 1953.

The written confession made by…