Nicholson v. State

HAWKINS, Judge. —

Appellant is under conviction for rape upon his 12-year-old daughter, Ruby Nicholson, his punishment having been assessed at twenty-five years in the penitentiary.

Prosecutrix’s mother was dead. She was living with appellant and her three brothers, one of whom was Newton Nicholson, 17 years old, and two younger children. She testified that appellant came to her bed on a Wednesday night and attempted to have intercourse with her but on that occasion did not accomplish his purpose; that on the next night appellant and Newton went to the picture show and that she was asleep when…