Collins v. State

HAWKINS, Judge.

— Appellant was charged with rape upon Myrtle Davis. Upon conviction the penalty of death was assessed.

The evidence presents a most unusual occurrence. Myrtle Davis was a married woman twenty-three years old. She was not living with her husband. She had two children who were living with their grandparents. At the time of the transaction complained of she was a waitress in a restaurant run by Mr. Swayme in the city of Houston. She roomed something like two blocks from the restaurant. On the night of January 24th, 1922, she left her place of employment at five minutes to eight…