Harville v. State

BROOKS, Judge.

Appellant was convicted of incest and Ms punishment assessed at imprisonment in the penitentiary for five years. Appellant and Lela May Brotherton were jointly indicted for incest. Appellant -asked for severance and was placed on trial. The case against Lela May Brotherton was dismissed. The facts in substance Show that appellant and Lela May Brotherton were seen to leave the public road and go out into the river bottom, by the prosecuting witness: His statement of the facts is as follows: “After they passed me there was some free tops that had fallen and the leaves were still…