Battles v. State

BBOOKS, Judge.

Appellant was convicted of rape, and his punishment assessed at five years confinement in the penitentiary.

Appellant asked the court to give the jury the following charge: “You are instructed that one of the issues in this case is, that the offense, if any, occurred within one year prior to the filing of the indictment herein, which is September 28, 1906, and if from the evidence, if any, or from the lack of evidence upon this issue, you have reasonable doubt thereon, you will acquit defendant.” We think the evidence in this case suggested the issue, and the court should have…