Ray v. State

The present writer assumes responsibility for having agreed to the affirmance of the judgment in our opinion released on March 16, 1949. After further consideration and examination of our own authorities the conclusion has been reached that we were in error in holding the indictment good.

Our statute (Art. 1183, Vernon’s Ann. P. C.) defines the character of rape with which we are here dealing in the following language: Rape is “the carnal knowledge of a female under the age of eighteen years other than the wife of the per son with or without her consent, and with or without the use of force,…