Oliver v. State

OPINION

DICE, Judge.

The conviction is for statutory rape; the punishment, ninety-nine years.

Trial was prior to January 1, 1966, under the 1925 Code of Criminal Procedure.

It was shown by the state’s testimony that on the date alleged, the eleven-year-old prosecutrix and her twelve-year-old cousin went to a school carnival some block and a half from her home, in the city of Houston. While at the carnival the prosecu-trix became angered and left to go home, between 8 and 8:15 p. m., when a playmate knocked a snowcone from her hand. As she was walking toward her home she saw a man near a car…