Hughes-And-Tomlin v. State

Krueger, Judge.

The offense is rape; the punishment assessed is confinement in the state penitentiary for a term of five years.

Appellants’ main contention is that the evidence is insufficient to sustain their conviction of rape by force and without the consent of the alleged injured female. Prosecutrix testified, in substance, that on the night of April 16, 1937, she attended a dance at Shorty Samford’s home. That after they had danced a while, the appellants asked Annie Mae Fields and herself to go with them to an automobile and talk awhile, to which they agreed. In going to where the car was…