Ayres v. State

BERRY, Judge.

The offense is rape, and the punishment is eight years in the penitentiary.

The prosecutrix was sixteen years old at the time of the alleged offense and she testifies that the act of intercourse took place at the appellant’s home in the night time while she and her father and mother and other members of her family were spending the night and that it occurred in a room on a bed on the floor that was being occupied by herself and two small children. That appellant’s wife was on a bed within a few feet of her and her father and mother were in an adjoining room with an open door…