Powell v. State

BROOKS, Judge.

Conviction of rape, the penalty assessed being eight years confinement in the penitentiary.

Bill of exceptions number 1 shows that the first act of intercourse by defendant with prosecutrix was at prosecutrix’s grandmother’s in the daytime, about June 21, 1903. The second act of intercourse by defendant with prosecutrix was about a week after the first act. The bill shows that several other acts of intercourse between defendant and prosecutrix were proven. Defendant moved the court to require the State to elect upon which one of the many acts of intercourse proved against…