Marion v. State

PRENDER GAST, Presiding Judge.

Appellant was convicted of the rape of his own little daughter, Delia, eight years of age, and his penalty was assessed by the jury at death.

The uncontradicted testimony shows that appellant lived in a small house in Waxahachie with three of his children, a daughter, Nellie, who was about twelve years of age; his son Carl, about ten years old, and Delia, the assaulted girl, about eight years old. The two - little sisters slept in a bed in one room, and appellant and his little boy in another bed in an adjoining room. He had been separated from his wife for…