Patella v. State

The appellant was convicted of rape and his punishment assessed at 8 years in the penitentiary.

The appellant was charged with, and convicted of, rape by force upon one Eileen Keene, on or about September 18, 1926. The record discloses that the prosecutrix was over the age of 18 years at the time of the alleged offense. It was the contention of the state that the appellant, while returning with the *572prosecutrix about midnight from a dance or party at Lake Worth, had intercourse with her by force and without her consent. The appellant defended upon the ground, and so testified, that the act of…