Gibson v. State

DICE, Judge.

*436The offense is rape; the punishment, death.

The prosecutrix, nine years of age and the eldest of six children, lived with her family in the City of Houston. The state’s proof shows that on the night of January 25, 1961, the prosecutrix and two younger brothers were sleeping in the same bedroom. Sometime before midnight appellant entered the house through a back v/indow and carried the prosecutrix from the house in his arms. When told by the prosecutrix to take her home appellant replied that if she screamed he was going to kill her. Appellant then took the prosecutrix to a house…