Mizell v. State

(dissenting). — This is an appeal from a conviction of rape with force committed by appellant upon his sixteen- year-old niece, with his punishment assessed at twelve years in the penitentiary.

He contends that the evidence is insufficient to sustain the conviction and that the court erred in refusing his special charge peremptorily requiring the jury to acquit him of said offense. All the evidence has been read and carefully studied. The evidence was sufficient to sustain the conviction. The substance of it will here be stated.

Appellant was a married man, had been married some years and lived…