Miller v. State

CALHOUN, Judge.

The offense, rape; the punishment, 7 years in the penitentiary.

The facts in brief are as follows: At- the time the offense was alleged to have been committed, the prosecutrix was 16 years of age and the appellant was 17. It seems from the testimony of the prosecutrix that the appellant and the prosecutrix and others had attended a dance at the Howard Payne Academy, and, after leaving the dance, the appellant and the prosecutrix and another couple rode around for a while and drank some wine. Subsequently they took the other young lady home and ,the other boy, one Drake, then got…