Smith v. State

Appellant was indicted by the grand, jury of Olay county, charged with the offense of rape on his own daughter, who, it is alleged, was under 15 years of age, and when tried was convicted and his punishment assessed at 15 years in the penitentiary.

The indictment contained five counts, the first being: “In the name and by the authority of the state of Texas, the grand jurors for the county of Clay, state aforesaid, duly organized as such at the October term, A. D. 1910, of the district court of said county, upon their oaths in said court present that Van Smith, on or about the 1st day of…