New v. State

CHRISTIAN, Judge.

The offense is rape; the punishment, death.

The case was tried upon the theory that Jim Johnson had sexual intercourse with Willie Joe Winchester, a girl under fifteen years of age, with her consent and that appellant, while present, and knowing the unlawful intent of Johnson, encouraged him by words in the Commission of the unlawful act.

Prosecutrix was the step-daughter of the appellant, and, according to her testimony, became fourteen years of age on the 22nd of April, 1940. She lived in the home of her mother and the' appellant, where the offense occurred. It was her…