Cook v. State

LATTIMORE, Judge.

Conviction for rape; punishment, death.

There is some contention that the evidence does not show a rape by force or threats, it being averred in the indictment that the rape was by force and threats. A statement of the pertinent evidence is deemed necessary to make clear our holding that the proof is sufficient to meet the averment in the above regard.

Prosecutrix and a man friend, West, were in a car in the suburbs of Houston. Appellant and another negro, each having a pistol, appeared at the side of the car. After taking from West what property he had, the men ordered him to…