Smith v. State

HARWOOD, Presiding Judge.

This appellant stands convicted of rape, his punishment having been fixed at 18 years in the penitentiary. The evidence introduced by the State tends to show that this appellant and his family were neighbors of the prosecutrix and her family. The two families had been on friendly terms for a long time, and the prosecutrix and her brothers and sisters addressed the appellant as “Uncle Hobert.” Mr. and Mrs. Rawlinson, the parents of the prosecutrix had been in Montgomery during the pre-Christmas season selling Christmas trees. Prosecutrix, who is 14 years of age and her…