Etheridge v. State

PRICE, Presiding Judge.

This is an appeal from a conviction for rape. Punishment was fixed at ten years in the penitentiary.

The testimony of the prosecuting witness, Patsy Tolen Bush, tended to show she was raped by the defendant and one C. J. House, Jr., on January 9, 1970.

The defendant testified at the trial that he had sexual intercourse with the prosecutrix, but that it was with her consent. He admitted making, but denied the truthfulness of a written statement made by him to an officer of the law the day following the alleged offense. In this statement he said he and Plouse pushed the…