McGrew v. State

BEAUCHAMP, Judge.

Appellant was convicted of the offense of rape in Jefferson County, and his penalty assessed at fifteen years in the penitentiary.

Several questions are presented on appeal that may be disposed of by the simple conclusion that none of the things testified to by the appellant constituted a defense to the prosecution save and except his denial that his private parts penetrated those of the prosecutrix.

On the other hand the testimony of the prosecuting witness is quite unsatisfactory on the subject from the State’s standpoint. Her testimony on the question of penetration was a…