Battles v. State

This is the second appeal of this case. The opinion of the court on the first appeal will be found in 53 Tex. Crim. 202. The trial from which this appeal results was had in the District Court of Ellis County on February first of this year, and resulted in a verdict of guilty, in which appellant's punishment was assessed at confinement in the penitentiary for a period of five years.

We deem it unnecessary to make any detailed statement of the facts. It appears in evidence that prosecutrix, Ida Dutton, was born on the 29th day of August, 1892. Her testimony is to the effect that the act of…