Nolan v. State

MORROW, Judge.

This conviction is for rape, the punishment being assessed at confinement in the State penitentiary for a period of five years.

The crime charged consists of carnal knowledge of a female under fifteen years of age. That was the sole phase of the statute, article 1063, P. C., which was submitted to the jury. The only evidence as to the age was that of a doctor who examined the prosecutrix, and who, at the close of his testimony, was asked by the State’s attorney the following question: “She is less than fifteen years of age? A. Yes, sir; I would take her to be.” It is apparent…