Duncan v. State

BELCHER, Judge.

The offense is rape; the punishment, five years.

*133The evidence from the standpoint of the state, including the testimony of the 16 year old prosecutrix, that of her mother and the physician who examined the prosecutrix, and that of the sheriff shows that the appellant committed the offense charged against him.

Appellant testifying in his own behalf admits that he and the prosecutrix attended a theater and afterwards parked in a rural area where they engaged in hugging, kissing and other intimacies to the extent that he fingered her sexual parts which could have caused the…