Massey v. State

OPINION

WOODLEY, Presiding Judge.

The offense is rape; the punishment, 10 years.

The indictment contained two counts. The first count, upon which the case was submitted to the jury, alleged that appellant, on or about June 10, 1968, made an assault in and upon the prosecutrix named therein, a female under 18 years of age, and did ravish and have carnal knowledge of said female, she not being his wife.

The second count alleged that on or about said date appellant did unlawfully and incestuously carnally know and have carnal knowledge of said named female who was his daughter.

The trial court did…