Stephens v. State

LATTIMORE, Judge.

Appellant was convicted in the district court of Eastland county of rape, and his punishment fixed at thirty-five years in the penitentiary.

The prosecutrix in this case is a child five years of age; appellant, a grown and mature man. From the record we learn that appellant was on most friendly and intimate terms with the family of prosecutrix, she and her seven-year-old sister habitually calling him “Uncle Dave, ’ ’ being very fond of him, and he, apparently so, of them. On the occasion in question appellant came to the home of prosecutrix, and, after making a little visit,…