Ulmer v. State

BETHEA, Judge.

The appellant was convicted of rape, and his punishment assessed at fifteen years in the penitentiary.

The subject of the alleged rape was Adell Ulmer, daughter of the appellant, a girl under the age of fifteen years. The alleged rape occurred in the homp of the appellant during the absence of the stepmother of the prosecutrix.

Bills of exception Nos. 1, 2, 3, 4 and 5 present no error.

Bill of exception No. 8 complains at the action of the trial court in permitting the witness Marie Ulmer, sister of the prosecutrix, to testify in behalf of the state on direct examination as follows: