Stafford v. State

BERRY, Judge.

The offense is rape, and the punishment is fifteen years in the penitentiary.

The prosecuting witness testified in substance that the appellant took her and another woman out near the edge of the town of Stephenville and by force had carnal knowledge of her. The record bristles with doubt and uncertainty as to the question of consent to the alleged act of intercourse on the part of the prosecuting witness. The trial court recognized this in his charge and charged directly and pertinently on the question of feigned resistance.

The mother of prosecutrix among other things testified…