McDuff v. State

BERRY, Judge.

The offense is rape and the punishment is ten years in the penitentiary.

The state’s testimony is sufficient to show that the appellant had intercourse with the prosecutrix and at the time of so doing she was under eighteen years of age and was not the wife of appellant. The appellant defended on the ground that the prosecutrix was more than fifteen years of age at the time of the alleged rape and that she was not a female of chaste character, and on this issue appellant presented much pertinent testimony.

Appellant complains at the action of the court in permitting the state on…