Kovacsics v. State

The appellant was indicted for an alleged rape upon a female child under the age of 16 years; her own testimony being that she was born fourteen years and seven months before the alleged offense was committed.

Appellant entered a plea of not guilty, and the issue thus formed was submitted to a jury, which returned a verdict finding him guilty as charged. He filed a motion for a new trial, which was overruled and he excepted. From a judgment rendered upon the verdict appellant appealed, and has assigned as error the overruling of his motion for a new trial.

Under this assignment appellant first…