People v. Vivian

Homer Vivian, Jr., was charged by information, tried, and convicted of violating section 261 of the Penal Code, statutory rape, upon the complaining witness, Dorothy May Kirby, a girl about fifteen years of age and who was not the wife of the .defendant. He made a motion for a new trial. His motion was denied and he appealed from the judgment and order.

The information alleged the offense took place on the 12th day of August, 1940. It also charged the defendant with three prior convictions of felonies: the first, on October 25, 1935, in the United States District Court in the State of Texas…