Farrell v. State

KRUEGER, Judge.

The offense is rape. The punishment assessed is confinement in the state penitentiary for a term of nine years.

The record shows that on the night of the 1st day of August, 1947, appellant and Harold Wayne Holt took prosecutrix, a girl of 12 years of age, for a ride in their automobile. They drove from the City of Dallas to the river where each had an att of sexual intercourse with her. From there they drove to a tourist court where appellant engaged a cabin and spent the night with her. Appellant claimed that prosecutrix told him she was eighteen years of age and could do…