Allen v. State

KRUEGER, Judge.

The appellant was tried and convicted of the offense of rape, and his punishment was assessed at confinement in the state penitentiary for a term of 5 years.

The testimony adduced by the State shows that on Sunday night, May 13, 1934, Lewis Pratt, Lula Allen, the appellant, and prosecutrix went to the home of Jim Bowers in a car. Lewis Pratt and Lula Allen occupied the front seat while the appellant and prosecutrix occupied the rear seat. On their return trip from the home of Jim Bowers they had a flat tire and while the boys were repairing the tire the. prosecutrix, who had…