Fite v. State

ON MOTION FOR REHEARING.

GRAVES, Judge.

Apellant has filed a lengthy motion for a rehearing herein, and lays down seven propositions as convincing to him at least why we were in error in our original opinion.

The first proposition now presented to us is relative to the trial court’s charge in which he defined “rape, as applied to this case, and as used in this charge, is the carnal knowledge of a woman, other than the wife of the person having such carnal. knowledge, without her consent, obtained by force, threats or fraud.”

It is asserted that the trial court erred in submitting to the jury the…