Houston v. State

BERRY, Judge.

The offense is statutory rape and the punishment is five years in the penitentiary.

The state’s testimony discloses that the prosecutrix was under fifteen years of age at the time of the act of intercourse and that appellant had intercourse with her with her consent. The testimony further shows that as a result of these relations prosecutrix was pregnant at the time of the trial. She testified that appellant was the only man that had had intercourse with her and that he had intercourse with her only one time.

Appellant denied any illicit relations with prosecutrix and introduced…