Wair v. State

MORROW, Presiding Judge. —

The conviction is for rape; penalty assessed at death.

Mrs. Tom Frazer, mother of the prosecutrix, testified that she, in company with her husband, drove to Tyler, Texas, about noon on the 13th day of February, 1936, and returned about 5:30 o’clock that afternoon. They left their thirten-year-old daughter alone in their apartment. Upon their return the witness found her daughter in a hysterical condition. She was crying and appeared to be very nervous.' She complained of pain in her abdomen. The witness made an examination of the prosecutrix and found her underclothes…