Parker v. State

ON REHEARING.

HAWKINS, Judge.

— In view of appellant’s motion we have again examined his evidence and are confirmed in our views that it raises no affirmative issue. The charge and the State’s case is one of rape by force. Appellant by his testimony does not even raise the issue of aggravated assault as a defense to the charge of rape. Whatever fondling may have been done by him, if any, was according to his evidence with the consent of prosecutrix, and this” if true, falls short of aggravated assault in this character of case. His defense was not affirmative, but purely negative, and covered…