Vaughn v. State

DAVID SOU, Presiding Judge.

Appellant was convicted of rape upon a girl under fifteen years of age, his punishment being assessed at five years confinement in the penitentiary.

1. The indictment was attacked in a motion in arrest of judgment. The indictment is in stereotyped form, such as has been held sufficient to charge the offense, and we deem it unnecessary to discuss its validity.

2. 'Appellant requested the court to instruct the jury to acquit upon the theory that it was necessary to prove force under the allegation in the indictment that the defendant “did then and there ravish and have…