Costillo v. State

BEAUCHAMP, Judge.

The appeal is from a sentence of thirty-five years in the penitentiary on a charge of statutory rape.

The prosecuting witness, Antonio Espinosa, is a niece of appellant and lived with him in his home in Atacosa County. She was born June 13, 1927, and was under fifteen years of age at the date of the alleged offense on or about March 1, 1942. The evidence discloses that an illicit relationship existed between the prosecutrix and appellant for several years, first by persuasion of appellant, and later the practice was carried on frequently on the solicitation of prosecutrix.

We…