Hindman v. State

GRAVES, Judge.

The conviction is for rape. The punishment is assessed at five years in the penitentiary.

Prosecutrix, fifteen years of age, worked as a waitress in a cafe at Abilene. She had met appellant as a patron of the cafe. On June 1, 1946, she left the cafe at night to go home. On her way, she stopped at a drug store and was eating a sandwich when appellant, accompanied by the witness Spratlin, entered. Appellant asked to take her home. She first declined, then agreed. Appellant, prosecutrix, and Spratlin left the drug store, got into the front seat of appellant’s car, and drove away.…