Galaviz v. State

Appellant’s conviction was for rape and punishment fixed at 5 years’ confinement in the penitentiary.

The state’s theory is that the offense was committed against a child 9 years of age. Appellant had been living some years with the mother of the child, first in Mexico and later in Bee county. There had been no marriage, but they had lived together as husband and wife. This woman testified that she had thought of quitting appellant and said:

“I had made up my mind of ridding myself of him. I had thought of going with my home people, living at Granger, Texas. I have never written to my people…