Hickey v. State

KRUEGER, Judge. —

The appellant was tried and convicted of the offense of rape, and his punishment assessed at confinement in the state penitentiary for a term of five years.

The prosecutrix testified that the appellant by force and violence committed an act of rape upon her. The appellant denied in toto the act of carnal intercourse and denied having made any assault upon her.

By bill of exception No. 1 the appellant complains of the action of the trial court in permitting the district attorney to introduce in evidence the blood stained and torn bloomers worn by the prosecutrix at the time of…