Chavez v. State

BAKER, Judge. —

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

The appellant was charged by indictment with rape upon Opal Price, in Bexar County, on or about March 15, 1926. The record discloses that the prosecutrix was a girl about 12 years of age, and that the appellant was a soldier about 26 years of age who had, for some time prior to the alleged offense, been having illicit relations with prosecutrix’s aunt, Mrs. Mary Pendergraft. It was the contention of the state, and the prosecutrix so testified, that the appellant had intercourse…