Thomas v. State

MORROW, Presiding Judge.

— Rape is the offense; punishment fixed at confinement in the penitentiary for a period of ninety-nine years.

Minnie Carlow, a woman forty-seven years of age, was the subject of the rape.

The phase of the statute charged to have been violated is that in which it is ’made an offense to have carnal knowledge of a woman “so mentally diseased at the time as to have no will to oppose the act of carnal knowledge, the person having carnal knowledge of her knowing her to be so mentally diseased.” Article 1063, P. C.

Bill of exceptions No. 3 complains of the receipt of the opinion…