Rosamond v. State

BERRY, Judge.

Appellant was convicted in the district court of Van Zandt for the offense of rape, and his punishment assessed' at confinement in the penitentiary for a term of five years.

Prosecutrix is the niece of appellant and at the time of the alleged offense was under the age of consent. She testifies to the fact which if true are sufficient to show the appellant’s guilt, and wé also observe that the record shows that she is corroborated more or less cogently by other witnesses.

By appellant’s first bill of exception he complains of the court’s action in overruling his motion for a new…