Harris v. State

OPINION

MORRISON, Judge.

The offense is rape of a mentally diseased woman; the penalty assessed, twenty-five (25) years.

The evidence shows the prosecutrix, a nineteen year old female, ran up to appellant’s car, in which he and 2 others were riding, while it was stopped at a railroad crossing, asked if she could go along and got into the car which was then driven off by appellant to the spot where the alleged act took place.

Appellant contends that the evidence is not sufficient to support the verdict.

Article 1183 Vernon’s Ann.P.C. provides in part that rape is:

“ . . . carnal knowledge of a woman…