Thomas v. State

HENDERSON, Judge.

This indictment charged rape on a child under the age of 15 years 1 the conviction was for assault with intent to rape, the penalty assessed being twenty-five years’ confinement in the penitentiary.

The testimony showed that the child was about 6 years old; that appellant at the time was employed by' prosecutor H. L. Perry. On the evening of the alleged offense, prosecutor Perry went to his stable, and there saw appellant on top of his little girl. Her clothes appear to have been up, and his pants unbuttoned, and his penis out. Prosecutor immediately seized him, asked him what…