Hanks v. State

KRUEGER, Judge.

Statutory rape is the offense; the punishment, five years’ confinement in the State penitentiary.

Prosecutrix is the eleven-year-old niece by marriage of appellant. On the afternoon of December 20th, 1939, appellant came to the home of prosecutrix’ grandmother, with whom she and her seven-year-old brother, Tony, lived, called to the two children to come out to the car, and asked them if they wanted to go to the picture show. They both got into the car and rode away with him. Upon arriving at the show, both prosecutrix and Tony got out, whereupon appellant told her to get back…