Gill v. State

BETHEA, Judge. —

The appellant was convicted of the oifense of rape, and his punishment assessed at five years in the penitentiary.

The state relied for conviction upon the testimony of the prosecutrix, Nellie Scarber, who testified that she was under fourteen years of age; that she knew the appellant, C. E. Gill; that appellant had sexual intercourse with her in the month of May, 1926; that at the time appellant had sexual intercourse with her his private parts penetrated her private parts. The state also introduced three letters written by the appellant to the prosecutrix.

The appellant did…