Dean v. State

Hawkins, Justice.

Roy Dean was indicted and tried for rape upon the person of a female thirteen years of age. The jury returned a verdict of guilty, recommending him to the mercy of the court, and fixed his punishment at twenty years in the penitentiary. To the judgment of the trial court overruling his motion for a new trial, based on the general grounds only, the defendant excepted.

In the brief of counsel for the plaintiff in error it is conceded that the State adduced sufficient evidence to support a verdict of guilty in every respect except that of penetration, but it is contended that the…