Hubbard v. State

PRENDERGAST, Judge.

On April 21, 1910, the appellant was indicted in two separate counts for rape upon Malissa Jennings, charged to have been committed on June 25, 1909. The first count charged that the rape was committed by force and threats. The second that the said Malissa Jennings was so mentally diseased as to have no will to oppose the act of carnal knowledge, with the other necessary allegations under the law on that count. The jury found him guilty and assessed his punishment at seven years in the penitentiary.

Appellant by his_ brief and motion for new trial claims several reversible…