Hennington v. State

MORROW, Presiding Judge.

The offense is rape; punishment fixed at confinement in the penitentiary for a period of ninety-nine years.

The indictment contained two counts: one charging force, and the other non-age of the female. The latter count alone was submitted to the jury.

Nora Erwin, the prosecutrix, a girl about thirteen years of age, gave evidence showing the commission of the offense. Her sister, ■ gave like testimony. Both of these witnesses claimed that the rape was accomplished by assault. The occurrence was reported at the home of the prosecutrix. There was evidence that appellant…