Murphy v. State

HARPER, Judge.

Appellant was charged with the offense of seduction and was convicted and sentenced to the penitentiary for a period of two years.

The first question raised in appellant’s brief is that the testimony is uncontroverted that the prosecuting witness was under fifteen years of age when the first act of intercourse is alleged to have occurred, and this being true, that the offense, if 'any, of which appellant is guilty is rape, and that he can not be prosecuted for seduction. The offense is rape, in one character of case, is having carnal knowledge of a female under fifteen years of…