Patton v. State

BERRY, Judge.

The offense is rape, and the punishment is fifty years in the penitentiary.

The indictment charges that the offense was committed by fraud and by the use of a stratagem and a sham and pretended marriage by which the said woman was then and there induced to believe that the appellant was her husband.

The prosecutrix was nineteen years of age and the divorced wife of one Isbell at the time of her alleged pretended marriage to the appellant. The appellant was a married man about twenty-nine years of age, having a wife and one child. Prosecutrix testified that she met the appellant in…