Nicholas v. State

The offense is rape; punishment fixed at confinement in the penitentiary for a period of 99 years.

The subject of the rape is a child 7 years of age. From her testimony the making of the assault by the appellant was established. There is much corroborative evidence coming from the doctor, who examined „ the child, and from the mother, who examined her and some of her wearing apparel. Appellant testified, and denied the offense. He said that he had contracted a venereal dis*556ease, which rendered, him incapable of committing the offense.

Objection to the testimony of the child was made upon the…