Smith v. State

HARPER, Judge.

Appellant was indicted by the grand jury of Clay County, charged with the offense of rape on his own daughter, who it is alleged was under fifteen years of age, and when fried was convicted and his punishment assessed at fifteen years imprisonment in the penitentiary.

The indictment contained five counts, the first being: “In the name and by the authority of the State of Texas: The grand jurors for the county of Clay, State aforesaid, duly organized as such at the October term, A. D., 1910, of the District Court of said county, upon their oaths in said court present that Van…