Osborne v. State

BERRY, Judge.

The offense is assault to rape, and the punishment is sixty years in the penitentiary.

The prosecutrix in the case was Zoenell Livingston, a little girl eight years of age. The transaction which was submitted to the jury, and for which the appellant was convicted, occurred in Smith-Tomlinson’s hardware store in the town of Hillsboro. Prosecutrix testified that the appellant carried her upstairs, behind some stoves, and had an act of intercourse with her. She was corroborated as to this transaction to the extent that other witnesses testified that prosecutrix and appellant were in…