Fields v. State

BEAUCHAMP, Judge.

Appellant was convicted of the offense of rape and sentenced to twenty-five years in the penitentiary.

The prosecutrix was his step-daughter, a girl thirteen years of age. It is conceded in appellant’s brief that the evidence was sufficient to sustain the conviction except for the two questions presented, as follows: '

First: That the prosecutrix, being a girl between the ages of ten and eighteen, could not, by reason of the terms of the Delinquent Child Act passed by the 48th Legislature, be punished for crime and that, therefore, she is not subject to the pains and penalties…