Greene v. State

BAKER, Judge.

The appellant was indicted, .tried and convicted in the district court of Cass County for the offense of rape upon one Janie Williams alleged to be under the age of eighteen years, and his punishment assessed at five years in the penitentiary.

The statement of facts disclose that the appellant and the prosecutrix were both negroes, and show the State’s theory to be that the appellant was under the age of fifteen, while the evidence produced by the appellant discloses the age of the prosecutrix to be between fifteen and eighteen years of age. The State’s evidence tended to show…