Byars v. State

Banke, Presiding Judge.

The appellant was found guilty of statutory rape and child molestation; however, the child molestation conviction was merged into the statutory rape conviction for sentencing. The appellant brings this appeal from the denial of his motion for new trial.

The alleged victim testified that the appellant had sexual intercourse with her one evening when she was left alone with him and his younger brother in their house. The victim’s mother testified that she had left her daughter with the appellant and his younger brother for about an hour one evening in January of 1989,…