Killingsworth v. State

DAVIDSON, Judge.

Rape is the offense; the punishment, five years in the penitentiary.

A former appeal of this case is reported in 154 Texas Crim. R. 223, 226 S. W. 2d 456. The facts are there sufficiently set forth and will not be here repeated.

A reversal of the conviction was there ordered by a divided court because the facts were found insufficient to show such resistance on the part of the prosecutrix as would authorize a conviction for rape by force.

*512As reflected by the majority opinion, one of the factors justifying that conclusion was that the prosecutrix could have escaped or fled from…