Phillips v. State

OPINION

ONION, Judge.

The offense is rape; the punishment, assessed by the jury, 99 years in the Texas Department of Corrections.

A recitation of the facts is unnecessary to the proper disposition of this appeal. The State’s evidence shows the rape of the white prosecutrix, who was several months pregnant, at gunpoint by the Negro appellant. Appellant, testifying in his own behalf, admitted having sexual intercourse with the prosecutrix but contended that it was with her consent and he paid her $2.-00.

We are squarely confronted at the outset with the question of whether appellant’s six grounds…