Johnson v. State

CHRISTIAN, Judge.

The offense is rape; the punishment confinement in the penitentiary for 5 years.

Prosecutrix was riding in an automobile with appellant and Mitford Sparks, who, according to her testimony, raped her by force. Prosecutrix was about eighteen years of age and appellant and Sparks appeared to have been of approximately the same age as prosecutrix.

Touching the transaction, prosecutrix gave testimony to the effect that appellant, over her protest and violent resistance, penetrated her female organ with his- male organ to the extent of about one-half an inch, while Sparks held her;…