Mason v. State

CHRISTIAN, Judge.

The offense is rape, the punishment confinement in the penitentiary for five years.

Appellant challenges the sufficiency of the evidence. The state’s testimony is substantially'as follows: In the year 1926 appellant, his wife, the prosecuting witness Opal Avery, who was his stepdaughter, and two stepsons lived together on a farm five miles from the town of Abilene. Opal Avery, the prosecuting witness, was thirteen years of age on the 9th day of June, 1926. During the cotton chopping season in the year 1926, appellant, the prosecuting witness and her two brothers, one twelve…