Holloway v. State

CATES, Judge.

This appeal was submitted April 22, 1965.

Holloway was indicted and convicted of carnal knowledge of a girl of between twelve and sixteen years, his fifteen year old daughter. Code 1940, T. 14, § 399. 1 The petty jury set his punishment at the lawful maximum, i. e., ten years in the penitentiary.

I

The State’s proof came from the girl in question and her brother. The latter was not an eye witness but did see the defendant naked, and the prosecutrix lying on a bed.

The defendant denied the act. His wife supported him so far as she had observed.

II

The State brought out that the…