Cecil Martin v. State

HAWKINS, Judge.

In his motion for rehearing appellant calls attention to an error in our original opinion. The former opinion is withdrawn and the present one substituted therefor.

Conviction is for rape, punishment assessed at confinement in the penitentiary for five years.

The indictment contains six counts. The last count, and the only one submitted to the jury, charged that appellant had carnal knowledge of Kathryn Phipps, who was under the age of eighteen years and not appellant’s wife. The record shows that prosecutrix was in fact only about eleven years old. She testified to the act of…