Diggles v. State

LATTIMORE, Judge.

Appellant was convicted in the district court of Jasper county of .rape, and his punishment fixed at five years in the penitentiary.

There is but one count in the indictment and it charges rape by force, threats and fraud. Prosecutrix is the daughter of appellant. She testified that on the night of the alleged occurrence she was in bed with a younger sister, and in another bed in the same room was her mother; that appellant came and got in bed with her and had intercourse with her; that he told her if she told it he would whip her. This is all the proof as to force, threats or…