Hosea v. State

WOODLEY, Judge.

The offense is statutory rape; the punishment, ten years.

The prosecutrix was twelve years of age at the timo of the offense and became thirteen before the trial. She testified that appellant, age twenty-six, invited her to go for a ride in his car, brought her from Hobbs, New Mexico, where they both resided, to a place in Gaines County, Texas, and there had intercourse with her.

*336The doctor who examined the child after she was returned to Hobbs found male sperm in her vagina and expressed the opinion that she had had an act of intercourse recently.

Appellant did not testify, but…