Walker v. State

OPINION

MORRISON, Judge.

The offense is Statutory Rape; the punishment, 25 years.

Appellant’s first ground of error is that the court erred in granting the State’s motion in limine instructing appellant’s counsel not to question the prosecutrix as to her chastity prior to the offense alleged. Art. 1183, Vernon’s Ann.P.C., reads in part:

“provided that if she is fifteen years of age or over the defendant may show in consent cases she was not of previous chaste character as a defense.”

At the time alleged in the indictment, the prosecutrix was under the age of fifteen, as shown by her birth…