Barboza v. State

KRUEGER, Judge.. The offense is rape. The punishment assessed is confinement in the state penitentiary for a term of 13 years.

Appellant’s chief contention is that the evidence is insufficient to justify and sustain his conviction.

The record shows that the state made a complete case against him by the testimony of the prosecutrix, the injured party. Appellant, who testified in his own behalf, admitted the act of sexual intercourse, but contended that it was with her consent. He also produced some witnesses who lived in Juarez, Mexico, ¿who testified that they saw prosecutrix and appellant in…