Garcia v. State

MORROW, Presiding Judge.

The offense is rape; penalty assessed at confinement in the penitentiary for ten years.. The averment in the indictment is that appellant had carnal knowledge of Juanita Zapata, a female under the age of eighteen years, and not the wife of the appellant. There is no averment of force. The form of the indictment is approved in Willson’s Criminal Forms, page 258, Form No. 497. See also article 1183, P. C., 1925.

The prosecutrix testified as did the appellant. In the testimony of each of them, it is declared that appellant had carnal knowledge of the prosecutrix several…