Orr v. State

CALHOUN, Judge.

Conviction is for rape by consent upon a girl under eighteen years of age; punishment fixed at confinement in the penitentiary for a period of five years.

The indictment charged the offense to have occurred on or about the first day of July, 1930. The prosecutrix testified that the first act of intercourse she had with appellant was on March 15, 1930, and it was upon this act that the case was submitted to the jury. The defense was that the prosecutrix was not a chaste female at the time of the alleged offense. Appellant admitted that he had engaged in acts of intercourse with…