Franco v. State

OPINION

JACKSON, Commissioner.

Appellant was convicted on his plea of not guilty before a jury, of the statutory rape of his 14 year old daughter on or about June 1, 1967; punishment was assessed by the jury at twenty-five (25) years.

Appellant and prosecutrix, aged 14 at the time of the alleged offense, lived at Mathis. The wife of appellant was mentally ill, had been in a state hospital, and lived with Janie and her son, Robert.

Prosecutrix testified that in June, 1967, when she was living with her father, he came to her bed at night and put his private parts in her private parts four times.…