Henson v. State

OPINION

BELCHER, Judge.

The conviction is for rape; the punishment, thirty years.

The first ground of error is that the trial court erred in refusing to grant appellant’s first motion for a continuance.

The motion filed January 29, 1969, alleged that the prosecutrix was then pregnant and her baby was due in April; that her pregnancy was not caused by the appellant ; and that her pregnancy might cause undue sympathy for her by the jury and prejudice the appellant’s rights before the jury.

On February 4, 1969, the day this trial began, the appellant introduced evidence that the prosecutrix was…