Kruger v. State

Well aware that it is presumptuous of me to urge that the present condition of judicial gloss, only recently applied to a statute by the Court, be examined for defects, I do so in light of intervening developments and other reflections.1

The offense as in Groves, cited in the margin, is “rape of a child,”2 commonly called “statutory rape.” When a female and a male, neither being married, willfully assume the missionary position and engage in the physical acts that constitute consensual sexual intercourse, is either committing a penal offense against the laws of the State of Texas? The answer:…