Sharp v. State

OPINION.

BERRY, Judge.

The appellant was convicted in the District Court of Bowie County for the offense of rape and his punishment assessed at confinement in the penitentiary for a term of five years.

The appellant complains by bill of exceptions No. 1, at the court’s action in permitting the State to prove by the prosecuting witness that the defendant had intercourse with her at two different times. It is the right of the State to introduce such testimony when it tends to solve some controverted issue, and in this case, the testimony of the prosecutrix to the effect that the offense was…