Kilpatrick v. State

The offense is statutory rape; the punishment, fifteen years in the penitentiary.

Prosecutrix was nine years old at the time of the commission of the offense. She was living with her father, who was senile, and with her thirty-eight year old step-mother, who was mentally subnormal.

Appellant was prosecutrix's half-brother and was forty-five years of age at the time of the commission of the offense, and was temporarily visiting the family of prosecutrix. Though a married man, his wife was not with him at the time.

Several months after the date of the offense, prosecutrix was given a medical…