Lozano v. State

DAVIDSON, Judge.

Appellant was convicted of the rape of his seven-year-old daughter, the punishment assessed being five years in the penitentiary.

The sufficiency of the evidence to support the conviction is the sole question presented for review.

About September 7, 1948, appellant, with his wife, mother-in-law, and daughter, Maria, the prosecutrix, were at the place of Schultz, where appellant was employed in shearing goats. On that night, the wife and mother-in-law slept in a barn, or garage, while appellant and prosecutrix slept in an automobile. Prosecutrix was seven years of age and in the…