Cherry v. State

HAWKINS, Judge.

— Conviction is for statutory rape, punishment being eighteen years in the penitentiary.

Prosecutrix testified that on the night of July 17, 1930, two days before she became 15 years of age, with her consent appellant had an act of intercourse with her on the front seat of an automobile which was parked on the side of a public road. On cross-examination prosecutrix admitted that appellant had two other acts of intercourse with her, one on July 25th, 1930, and another on August 3d, 1930. She testified that prior to the night of July 17th, she had never gone with appellant, and…