Davis v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of rape and allotted six years in the penitentiary.

We deem it unnecessary to discuss the facts. If the State’s evidence was believed by the jury it authorized a conviction. Had they believed the appellant they would have acquitted of rape.

The question of variance between the name of the prosecutrix alleged in the indictment and that proved upon the trial is relied upon, among other things, for reversal. The indictment alleged the name of prosecutrix to be Mary Hodge. The evidence shows her name was Mary Hodges, the difference being the “s” in…