Graves v. State

WOODLEY, Judge.

The indictment returned against appellant charged that he made an assault upon and did ravish and have carnal knowledge of a named female under 18 years of age, who was not his wife. Trial resulted in a verdict of guilty, the jury assessing a punishment of five years in the penitentiary. Appellant’s application for suspended sentence was not granted.

The evidence is insufficient to sustain conviction for statutory rape for the reason that the prosecutrix was admittedly of unchaste character.

The trial court, in his charge, authorized a conviction upon a finding by the jury that…