Zachary v. State

RAMSEY, Judge.

Appellant was indicted in the District Court of Houston County charged with the offense of rape on one Sylvia Gadway, a female then and there under the age of fifteen years. On his trial had in said court on 4th day of March of this year he was found guilty by the jury, and his punishment assessed at confinement in the penitentiary for a period of twenty years.

The age of Sylvia Gadway was established by unquestioned testimony, and she was shown by all the evidence to have been under fifteen years of age at the time of the alleged unlawful intercourse. The proof of the unlawful…