Wright v. State

MARTIN, Judge.

— Offense, rape; penalty, five years in the penitentiary.

The indictment is in two counts, the first charging the rape of a female under eighteen years of age, and the second charging rape by force. The conviction was upon the first count.

Without giving in detail the evidence, suffice it to say for the purpose of the point hereafter discussed that the evidence made the issue of appellant’s guilt a closely contested one. Among the defenses relied on by appellant was the previous unchaste character of-the prosecutrix. On this issue the appellant placed the witness Carl Betenbough…