Tyler v. State

HEHDEBSOH, Judge.

Appellant was convicted of rape, and his punishment assessed at confinement in the penitentiary for a term of seven years; hence this appeal.

Appellant made a motion for continuance on account of the absence of several witnesses, for all of whom appellant appears to have used proper diligence. By the witness Emma Price appellant proposed to prove that she was with defendant’s mother on the 7th of October, 1903; that they were on their way home in a wagon and stopped at the home of Cora Mallard (prosecutrix); that defendant’s mother wanted to borrow some salt, and appellant got…