Shearin v. State

BELCHER, Judge.

The conviction is for statutory rape; the punishment, ten years in the penitentiary.

The state’s evidence shows that after an argument between appellant and his wife she left their home; that soon thereafter appellant and the prosecutrix, who was his wife’s thirteen-year-old sister, made a search but were unable to locate her. Prosecutrix testified that they then took a friend to a nearby town; that while returning home about 11 p.m., appellant parked on a side road, kissed her, took down her blue jeans and panties, twisted her arm behind her back and placed his male organ in…