Stewart v. State

GRAVES, Judge.

Appellant was charged with the crime of rape, and by the jury convicted and given a term of five years in the penitentiary.

The facts are rather voluminous, and the record contains 39 bills of exceptions. We will only recite sufficient facts to endeavor to make clear our rulings herein.

The complaining witness was a girl, shown by the State’s testimony to have been born on September 16, 1929, the date of the alleged offense being July 22, 1944, making her of the age of fourteen years at such time.

The State’s testimony shows a rape, not only by force, but it is also shown by…