Lewis v. State

GRAVES, Judge.

Appellant was charged with rape upon one, Margaret Mozelle Lewis, by force, threats and fraud, and upon his conviction, was assessed the penalty of death by the jury.

The testimony shows that this girl was the child of appellant and was sixteen years of age. The indictment contained two counts: the first charging rape of a woman by force, threats and fraud; and the second count, rape upon a female under the age of eighteen years and not the wife of the appellant.

The trial court submitted only the first count to the jury, although the charge in its second paragraph thereof did set…