Smith v. State

Appellant was convicted in the district court of Collin county under an indictment charging him with the rape of Birdie May Walker, a girl under the age of 15 years, who was not his wife; said rape being alleged to have been by her consent.

Appellant presents his complaints in four bills of exceptions, Nos. 2 to 5, inclusive; bill No. 1 being omitted from the record, and in other assignments in his amended motion for a new trial.

[1] Bill No. 3 insists that when Mrs. H. C. Walker, stepmother of the alleged injured' female, was testifying in behalf of the state, she was permitted, over the…